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Full text of "North Carolina Register v.3 no. 5 (6/1/1988)"

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— --re 
JUN 3 1988 



The 



wtfORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



■mru 



EXECUTIVE ORDER 

PROPOSED RULES 

Administration 

Examiners Electrical Contractors 

Insurance 

FINAL OF RULES 
Transportation 



^V/STRN^ 



ISSUE DATE: JUNE 1, 1988 

Volume 3 • Issue 5 • Pages 146-184 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-five dollars ($95.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 day; 
whichever is less. An agency adopting a temporary rul 
must begin normal rule-making procedures on the pei 
manent rule at the same time the temporary rule i 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i 
a compilation and index of the administrative rules c 
25 state agencies and 38 occupational licensing board; 
The NCAC comprises approximately 15,000 letter siz< 
single spaced pages of material of which approximatt 
ly 35% is changed annually. Compilation and public: 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimui 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0. 1 5) per eac 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is su] 
plemented monthly with replacement pages, 
one year subscription to the full publication i 
eluding supplements can be purchased f( 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions f( 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administrath 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pr 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 150B < 
the General Statutes be examined carefully. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issu 
page number and date. 1:1 NCR 101-201, April 1, 19i 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes. 
Subscriptions ninety-five dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
'$750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 




ISSUE CONTENTS 



I. EXECUTIVE ORDERS 

Executive Order 73 



.146 



Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, NC 27604 

(919) 733-2678 



II. PROPOSED RULES 
Administration 

Youth Advocacy and 

Involvement Office 148 

Insurance 
Fire and Rescue 

Services Division 149 

Licensing Boards 
Examiners of Electrical 

Contractors 151 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Mason, 

Assistant Director 

Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Latarsha Roberts, 

Records Clerk 



III. FINAL RULES 
Transportation 

Division of Motor 
Vehicles 



.172 



FV. CUMULATIVE FVDEX 183 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(March 198S - March 1989) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing and 
Adoption by 
Agency 


Date 


*****+** 


++*++*** 


******** 


♦++*♦*+* 


4******4 


03 15 '88 


02 24 '88 


03/02/88 


04/14,88 


07/01/88 


04 04 '88 


03 1 1 88 


03/18/88 


05,04/88 


08/01/88 


04.15/88 


03/25/88 


04'01/88 


05/15/88 


08/01/88 


05; 02 88 


04/11/88 


04/18/88 


06/01/88 


09/01/88 


05/16/88 


04/27/88 


05/03/88 


06/15/88 


09/01/88 


06/01/88 


05 '10/88 


05/17/88 


07/01/88 


10/01/88 


06 1588 


05 '26/88 


06/02/88 


07/15/88 


10/01/88 


07/01/88 


06/10/88 


06/17/88 


07/31/88 


11/01/88 


07/15/88 


06 2488 


07/01/88 


08/14 88 


11/01/88 


08/01/88 


07 11/88 


07/18/88 


08/31/88 


12/01/88 


08 15 88 


07, 26/88 


08/02/88 


09/14/88 


12/01/88 


09/01/88 


08 11 88 


08/18/88 


10/01/88 


01/01/89 


09, 15 88 


08 '26/88 


09/02/88 


10/15/88 


01/01/89 


10,03/88 


09/12/88 


09/19/88 


11/02/88 


02/01/89 


10/14/88 


09/26/88 


10/03/88 


11/13/88 


02/01/89 


11/01/88 


10/11/88 


10/18/88 


12/01/88 


03/01/89 


11 1 5 xs 


10/26/88 


11/02/88 


12/15/88 


03/01/89 


12,01.88 


11/07/88 


11/15/88 


12/31/88 


04/01/89 


12/15/88 


11/23/88 


12/02/88 


01/14/89 


04/01/89 


01/02/89 


12/08/88 


12/15/88 


02/01/89 


05/01/89 


01/16/89 


12/27/88 


01/03/89 


02/15/89 


05/01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26/89 


02/02/89 


03/17/89 


06/01/89 


03/01/89 


02/08/89 


02/15/89 


03/31/89 


07/01/89 


03/15/89 


02/21/89 


03/02/89 


04/14/89 


07/01/89 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20lh of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 73 
EMERGENCY MANAGEMENT PROGRAM 

WHEREAS, the natural phenomena such as 
hurricanes, floods, tornadoes, severe winter 
weather, droughts, earthquakes, and man-made 
disasters such as explosions or major electric 
power failures are an ever-present danger; and 

WHEREAS, potential enemies of the United 
States now possess the capability of launching 
attacks and unprecedented destruction upon this 
State and nation, from land, sea and air; and 

WHEREAS, it is the duty of the Department 
of Crime Control and Public Safety to provide 
emergency services to protect the public against 
natural and man-made disasters; and 

WHEREAS, it is the duty of the Department 
of Crime Control and Public Safety to insure the 
preparation, coordination, and readiness of 
emergency management and military plans and 
effective conduct of emergency operations by all 
participating agencies in order to sustain life and 
prevent, minimize, or remedy injury to persons 
and damage to property resulting from disasters 
caused by enemy attack or other hostile actions 
or from disasters due to natural or man-made 
causes; and 

WHEREAS, the Emergency Management Act 
of 1977, as amended, N.C.G.S. 166A-1, et seq., 
the North Carolina Emergency War Powers Act, 
N.C.G.S. 147-33.1, et seq., and Article 36A of 
Chapter 14 of the General Statutes confer upon 
the Governor comprehensive powers to be exer- 
cised in providing for the common defense and 
protection of the lives and property of the people 
of this State against both man-made and natural 
disasters; and 

WHEREAS, the effective exercise of these 
emergency powers requires extensive initial plan- 
ning, continued revision and exercising of plans, 
assignment of Emergency Management functions 
prior to the occurrence of an emergency, the 
training of personnel in order to ensure a smooth, 
effective application of governmental functions 
to emergency operations, and the quick response 
of all necessary State resources and 

WHEREAS, these Emergency Management 
functions are intended to be and can be accom- 
plished most effectively through those established 
activities of State and local government whose 
normal functions relate to those emergency ser- 
vices which would be needed; 

NOW, THEREFORE, IT IS ORDERED: 

Section 1 



In the event the Governor, in the exercise of his 
constitutional and statutory responsibilities, shall 
deem it necessary to utilize the services of more 
than one subunit of State Government to provide 
protection to the people from natural or man- 
made disasters or emergencies, including but not 
limited to wars, insurrections, riots, civil disturb- 
ances, or accidents, the Secretary of Crime Con- 
trol and Public Safety under the direction of the 
Governor, shall serve as the chief coordinating 
officer for the State between the respective sub- 
units so utilized, as provided in N.C.G.S. 
143B-476. 

Section 2 

Whenever the Secretary of Crime Control and 
Public Safety exercises the authority provided in 
Section 1, he shall be authorized to utilize and 
allocate all available State resources as are rea- 
sonably necessary to cope with the emergency 
or disaster, including directing of personnel and 
functions of State agencies or units thereof for the 
purpose of performing or facilitating the initial 
response to the disaster or emergency. Following 
the initial response, the Secretary, in consultation 
with the heads of the State agencies which have 
or appear to have responsibility for dealing with 
the emergency or disaster, shall designate one or 
more lead agencies to be responsible for subse- 
quent phases of the response to the emergency 
or disaster. Pending an opportunity to consult 
with the head of such agencies, the Secretary may 
make interim lead agency designations. 

Section 3 

Every department of State Government is re- 
quired to report to the Secretary of Crime Con- 
trol and Public Safety by the fastest means 
practicable, all natural or man-made disasters or 
emergencies, including but not limited to wars, 
insurrections, riots, civil disturbances, or acci- 
dents which appear likely to require the utiliza- 
tion of the services of more than one subunit of 
State government. 

Section 4 

The Secretary of Crime Control and Public 
Safety is hereby authorized to delegate the au- 
thority to utilize and allocate all available State 
resources as may be necessary to carry out the 
intent of this order. 

Section 5 

An explanation of the Emergency Management 
functions assigned to each State department, di- 
vision, subdivision or agency is contained in the 
State plans developed and published by the Di- 
vision of Emergency Management of the North 



NORTH CAROLINA REGISTER 



146 



EXECUTIVE ORDER 



Carolina Department of Crime Control and 
Public Safety and the provisions of these docu- 
ments, including annexes attached thereto, and 
any revisions thereto, are specifically incorpo- 
rated herein by reference. 

Section 6 

The heads of the departments of State Govern- 
ment and other agencies designated in said plans 
are granted the authority and charged with the 
responsibility to develop supporting plans and 
procedures and to execute upon order of the 
Governor, the Secretary of Crime Control and 
Public Safety or his designee the Emergency 
Management functions assigned to them in said 
plans. 

Section 7 

The Secretary of Cnme Control and Public 
Safety is hereby authorized to update and peri- 
odically revise or cause to be revised said plans 
and supporting plans to the end that they will be 
at all times current and consistent with the func- 
tions, duties, and capabilities of a given depart- 
ment or agency. 

Section 8 

I he head of each department, agency, commis- 
sion or office of State Government that is 



charged with Emergency Management responsi- 
bilities shall designate personnel from said de- 
partment, agency, commission, or office to 
perform liaison with all other components of 
State Government on matters pertaining to 
Emergency Management activities. 

Section 9 

The heads of State Government departments 
assigned Emergency Management functions shall 
prepare procedures to procure from govern- 
mental and private sources all materials, man- 
power, equipment, supplies, and services which 
would be needed to carry out these assigned 
functions. Each agency of State Government 
shall cooperate with all other agencies of State 
Government to assure the availability of re- 
sources in an emergency. 

Section 10 

This Order shall supersede and cancel all previ- 
ous Executive Orders on this subject. 

Section 1 1 

This Order shall become effective immediate. 
Done in the Capital City of Raleigh. North 
Carolina, this the 27th day of April, 1988. 



147 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



TITLE 1 DEPARTMENT OF 
ADMINISTRATION 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Administration 
intends to adopt regulations cited as 1 NCAC 19B 
.0101 - .0103, .0201, .030/ - .0303. 

1 he proposed effective dale of this action is Oc- 
tober 1, I9S8. 

1 he public hearing will be conducted at 10:00 
a.m. on July 6, 19SS at Williamsburg Room, Ad- 
ministration Building. 1st Floor, 116 West Jones 
Street, Raleigh, North Carolina 27603-8003. 



Co 



omment Procedures: Any interested person 
may present his or her views and comments either 
in writing prior to or at the hearing or orally at the 
hearing. Any person may request information, 
permission to be heard or copies of the proposed 
regulations by writing or calling Becky Barbee, 
Department of Administration, 116 West Jones 
Street, Raleigh, North Carolina 27603-8003, 
(919) 733-7232. 

CHAPTER 19 

YOUTH ADVOCACY AND INVOLVEMENT 

OFFICE 

SUBCHAPTER 19B - STATE YOUTH 
INVOLVEMENT OFFICE 

SECTION .0100 - GENERAL PROVISIONS 

.0101 AUTHORITY AND PURPOSE 

The North Carolina Tunc! for Children and 
Families Commission, hereinafter referred to as 
eommission, is established by Fxec. Order No. 
27. The commission is responsible for adminis- 
tering the North Carolina Fund for Children and 
Families, hereinafter referred to as the fund, 
which provides financial assistance to organiza- 
tions that manage community treatment pro- 
grams for abused, neglected and exploited 
children and their families. 

Statutory Authority G.S. 143B-10; Exec. Order 

No. 27. 

.0102 REQUESTS FOR INFORMATION BY 
HIE PUBLIC 

Any citizen, group, organization or any unit of 
government may request in writing information 
on any action taken by the commission by writ- 
ing to: 



North Carolina Fund for Children and Families 

Commission 

Youth Advocacy and Involvement Office 

121 West Jones Street 

Raleigh, North Carolina 27603 

Statutory Authority G.S. I43B-I0; Exec. Order 
No. 27. 

.0103 CONFIDENTIALITY OF CLIENT 
INFORMATION 

Fach applicant applying for a grant from the 
Fund is responsible for maintaining and discuss- 
ing client information in such manner as to pre- 
vent disclosure of privileged communications. 

Statutory Authority G.S. 143B-/0; Exec. Order 

No. 27. 

SECTION .0200 - SELECTION OF RECIPIENTS 
FOR GRANTS 

.0201 SELECTION CRITERIA 

In selecting the recipients of grants from the 
fund, the commission shall take into consider- 
ation such factors as: 

(1) General description of the clients to be 
served or beneficiaries of the program; 

(2) Statement of clients' needs to be addressed 
by the proposed program within the ge- 
ographic service area of the applicant (ex- 
pressed in quantitative terms to the extent 
possible); 

(3) Statement of specific program objectives 
designed to meet clients' needs and the 
method(s) to be used in accomplishing these 
objectives; 

(4) Documentation that all necessary licenses 
and credentials are possessed by personnel 
providing professional services; 

(5) Statement identifying the sources of fund- 
ing or future funding and a plan detailing the 
method(s) to be used to obtain the funds; 

(6) Statement of cooperation and commitment 
to the applicant's program from local com- 
munity agencies providing adjunct services 
including, but not limited to, financial as- 
sistance or providing faculties and personnel; 

(7) Letters from local community agencies 
stating intent to participate in the applicant's 
program; 

(8) Statement of the monitoring method(s) to 
be used in evaluating the program and re- 
porting its results; 

(9) Statement of 501(c)(3) exemption status 
or unit of government; 

(10) Statement that applicant's budget is suffi- 
cient to support the program's objectives; 



NORTH CAROLINA REGISTER 



14S 



PROPOSED RULES 



(11) Existence of matching funds equal to 25 
percent of the total grant requested; 

(12) Policy of non-disenmination on the basis 
of race, color, religion, sex, age, national or- 
igin or physical or mental handicap for cli- 
ents and employees of the program 
applicant; and 

(13) Geographic location of the applicant for 
the purpose of achieving balanced distrib- 
ution of available funds. 

Statutory Authority (7.5. I43B-10; Exec. Order 

So. 27. 



SECTION .0300 



APPLICATION PROCESS AND 
SCHEDULE 



.0301 SCHEDULE 

Completed grant applications must be post- 
marked by March 1 1 of each calendar year. 

Incomplete grant applications will not be con- 
sidered bv the commission. 



Statutory 

No. 27. ' 



Authority G.S. 143B-10; Exec. Order 



.0302 RESPONSE 

All applicants will be notified in writing of their 
acceptance or rejection within 30 days of receipt 
of the completed application. The commission 
will announce the recipient(s) of the awards to 
the public within a reasonable and timely man- 
ner. 

Statutory Authority G.S. 143B-I0; Exec. Order 

No. 27. 

.0303 Al I) IT 

A certified audit will be required from each 
grant recipient. 

Statutory Authority G.S. I43B-10; Exec. Order 

No. 2^. ' 

TITLE 1 1 - DEPARTMENT OF 
INSURANCE 



No 



otice is hereby given in accordance with G.S. 
I SOB- 12 that the N.C. Department of Insurance 
intends to adopt regulations cited as 1 1 NCAC SB 
.0101 - .0/03. .020/ - .0202. .030/ - .0303, .0401 
- .0402, .030/ - .0502. 

1 he proposed effective dale of this action is Oc- 
tober I. 19S8. 



1 he public hearing will be conducted at 10:00 
a.m. on July 12. 1988 at Conference Room, Eire 
and Rescue Division, N.C. Department of Insur- 
ance, III Seaboard Ave., Raleigh, N.C. 2761 1. 

(^ omment Procedures: Oral comments may be 
presented at the public hearing. Written com- 
ments should be sent to Tim Bradley, Executive 
Director, N.C. Eire Commission, P.O. Box 26387, 
Raleigh. N.C. 27611. Tim Bradley may be 
reached by phone at (919) 733-543S. 

CHAPTER 5 - FIRE AND RESCUE SERVICES 
DIVISION 

SUBCHAPTER 5B - N.C. STATE FIRE 
COMMISSION 

SECTION .0100 - GENERAL PROVISIONS 

.0101 DEFINITIONS 

As used in this Chapter, the following terms 
shall be construed as follows: 

(1) "Fire Commission" or "the Commission" 
shall mean the North Carolina State Fire 
Commission of the North Carolina Depart- 
ment of Insurance; 

(2) "Fire and Rescue Division" or "tire and 
rescue" shall mean the Fire and Rescue Di- 
vision of the North Carolina Department of 
Insurance; 

(3) "Community College" shall mean the Fire 
Training Services Section of the North 
Carolina Department of Community Col- 
leges; 

(4) "FEMA" shall mean the Federal Emer- 
gency Management Agency of the Federal 
Government; 

(5) "US Fire Administration" or "USFA" shall 
mean the United States Fire Administration, 
Division of the Federal Emergency Man- 
agement Agency; 

(6) "NFA" shall mean the National Fire 
Academy, Division of the Federal Emer- 
gency Management Agency. 

Statutory Authority G.S. 58-27.30. 

.0102 PURPOSE 

In order to carry out the duties of the State Fire 
Commission as listed in G.S. 58-27.31, that 
Commission shall: 

(1) develop voluntary certification and profes- 
sional standards for all levels of fire service 
personnel; 

(2) develop and maintain a statewide fire inci- 
dent reporting system; 



149 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) serve as the central state clearing house for 
all federal programs from the USFA, and 
NFA involving fire prevention and control 
programs that come into North Carolina; 
and 

(4) provide on a bi-annual basis an updated 
listing of North Carolina fire departments 
and fire marshals. 

Statutory Authority G.S. 58-27.30; 58-27.31; 
58-27.32. 

.0103 MAILING ADDRESS 

All requests for information, assistance, or 
forms, and all replies, answers, supplied infor- 
mation, etc., shall be forwarded to the North 
Carolina Fire Commission, P.O. Box 26387, 
Raleigh, N.C. 27611. 

Statutory Authority G.S. 58-27.34. 

SECTION .0200 - MASTER PLANNING 

.0201 STATE FIRE TRAINING 

The commission shall develop and monitor a 
master plan which shall include guidelines for 
training of fire service personnel in North 
Carolina. These guidelines shall be consistent 
with the needs of the state's fire service, and shall 
be continually monitored and updated to reflect 
the training needs of the state's fire service. Any 
state agency involved in the training of fire service 
personnel shall submit to the executive director 
on a quarterly basis descriptions of programs 
currently under way or planned. 

The executive director shall serve as state train- 
ing director for the purpose of coordinating state 
training programs. The director shall serve as the 
centra) clearinghouse for the information on state 
programs and information coming into the state 
from federal agencies and other states. 

Statutory Authority G.S. 58-27.31. 

.0202 ADDITIONAL PROGRAMS 

The state master plan shall contain guidelines 
for additional programs deemed useful to fire 
service organizations throughout the state. 
These may include, but are not limited to: 

(1) fire service computer coordination; 

(2) data collection and analysis; 

(3) fire codes and inspections; 

(4) radio communications; and 

(5) arson. 

Statutory Authority G.S. 58-27.31. 

SECTION .0300 - CERTIFICATION OF FIRE 
SERVICE PERSONNEL 



.0301 MINIMUM PROFESSIONAL 
QUALIFICATIONS 

The commission shall establish voluntary mini- 
mum professional qualifications for all levels of 
fire service personnel. These shall be developed 
by special committees, appointed by the chair- 
man or full commission, and shall be subject to 
final approval of the full commission. All 
boards, committees and sub-committees, having 
recommendations for changes to these standards 
shall make them to the full commission for ap- 
proval. The commission shall make final ruling 
on appeals to these standards, and shall have the 
authority to appoint boards or committees to act 
as intermediaries. 

Statutory Authority G.S. 58-27.31 (a) (14b). 

.0302 VOLUNTARY CERTIFICATION 

The commission shall establish certification 
levels for the qualifications developed, and shall 
issue such certification to appropriate individuals 
who meet the commission's standards. Certif- 
ication shall be voluntary, unless adopted as 
mandatory at the local level. The commission 
shall be the only state agency certifying fire ser- 
vice personnel on professional qualifications for 
fire prevention and control duties. The com- 
mission shall maintain appropriate records and 
provide same to individuals upon written request. 
The commission shall rule on all questions and 
appeals regarding certification programs. The 
commission shall inform participating agencies 
of standard changes and status of certified per- 
sonnel. 

Statutory Authority G.S. 58-27.31 (a) (14); 
58-27.31 (a) (14b). 

.0303 COORDINATION WITH OTHER STATE 
AGENCIES 

The commission shall serve as the central clear- 
inghouse for certification issues. All state agen- 
cies participating in the certification process shall 
follow reporting procedures developed by the 
commission. 

Statutory Authority G.S. 58-27.31 (a) (14); 
58-27.31 (a) (14a). 

SECTION .0400 - FIRE INCIDENT REPORTING 

.0401 DEVELOPMENT 

The North Carolina Fire Commission shall de- 
velop and implement a uniform fire incident re- 
porting system for the fire service of North 
Carolina. 



NORTH CAROLINA REGISTER 



150 



PROPOSED RULES 



Statutory Authority 1985 N.C. Sess. Laws Ch. 
757, Sec. I67(j). 

.0402 OPERATION AND CONTROL 

(a) The commission shall have full authority 
over the operation and control of the fire incident 
reporting system. L : ach county shall have a cen- 
tral collection site to which participating fire de- 
partments shall report. larger municipal 
departments may obtain permission from the 
executive director to report directly to the com- 
mission. The data collected shall be available for 
use at the local, county and state levels. The 
commission may submit state data to the United 
States Fire Administration. Any equipment dis- 
persed by the commission for the purpose of in- 
putting incident reports shall remain under the 
control of the commission, and said local agency 
shall sign an approved contract with the com- 
missioner of insurance for the use of said equip- 
ment. 

(b) The commission may utilize dispersed 
equipment for the purpose of creating a fire in- 
formation network, to be used for the collection 
and dissemination of information pertinent to the 
state's fire service. The network may contain, 
but not be limited to: 

( 1 ) tire incident reporting; 

(2) emergency medical reporting; 

(3) hazardous material reporting; 

(4) arson or suspicious fire reporting; 

(5) hazardous material data collection and 
disbursement; 

(6) bulletin board for exchange of informa- 
tion; and 

(7) schedule announcements. 

(c) Those locations which agree to the use of 
any provided equipment shall keep said equip- 
ment in good order and shall provide the com- 
mission with requested reports. 

Statutory Authority I9S5 N.C. Sess. Laws Ch. 
757, Sec. 167(j). 

SECTION .0500 - CENTRAL INFORMATION 
OFFICE 

.0501 COLLECTION AND DISSEMINATION 
OF INFORMATION 

The commission shall be the central informa- 
tion office for all fire service activity in the state. 
Any state agency involved in fire service activities 
shall submit to the executive director quarterly 
reports in a form set out by the commission. 
The commission stall shall provide available in- 
formation to individuals whenever requested in 
accordance with applicable state or federal laws. 



Statutory Authority G.S. 58-27.31 (a) (14a). 

.0502 FEDERAL PROGRAMS 

The commission shall be the central clearing- 
house for all fire prevention and control pro- 
grams coming into the state from federal agencies 
including the National Fire Academy and the 
United States Fire Administration. The execu- 
tive director shall serve as the state representative 
to the US FA and NFA, and shall be considered 
the state fire training director for the purposes of 
participating in federal training programs. 

Statutory Authority G.S. 58-27.31. 

TITLE 2! - OCCUPATIONAL LICENSING 
BOARDS 

lyotice is hereby given in accordance with G.S. 
150B-12 that the North Carolina State Board of 
Examiners of Electrical Contractors intends to 
adopt regulations cited as 21 NCAC 18 .2404, 
.2503; amend 21 NCAC 18 .1603 - .1605, .1607, 
.1701 - .1703, .1804, .1807 - .1808, .1812, .1902, 
.1904, .2002, .2004, .2201 - .2202, .2206 - .2209, 
.2302 - .2303, .2305 - .2308, .2402, .2602, .2606 - 
.2607, .2610. .2612, .2701 - .2703; repeal 21 
NCAC 18 .2304. 

1 he proposed effective dale of this action is Oc- 
tober I, 1988. 

1 he public hearing will be conducted at 10:30 
a.m. on July 7, 1988 at North Carolina State 
Board of Examiners of Electrical Contractors, 
1200 Front Street, Suite 105, Raleigh, NC 27609. 



Cc 



omment Procedures: Any persons interested 
in these rules may present oral comments relevant 
to the actions proposed at the public hearing or 
deliver written comments to the North Carolina 
State Board of Examiners of Electrical Contrac- 
tors, 1200 Front Street, Suite 105, Raleigh, NC 
27609, not later than 10:00 a.m. on July 7, 1988. 

CHAPTER 18 - BOARD OF EXAMINERS OF 
ELECTRICAL CONTRACTORS 

SECTION .1600 - GENERAL PROVISIONS 

.1603 PRINCIPAL OFFICE: MAILING 
ADDRESS: OFFICE HOLRS 

The board has designated 1200 Front Street, 
Suite 105, Raleigh, North Carolina 27609, as its 
principal office; and P. O. Box 18727, Raleigh, 
North Carolina 17619, 27619, as its mailing ad- 
dress; and has established 8:30 a.m. to 5:00 p.m., 



151 



.NORTH CAROLINA REGISTER 



PROPOSED RULES 



Monday through Friday as its regular office 
business hours. 

Statutory Authority G.S. 87-39; 87-42. 

.1604 ORGANIZATION 

(b) The board shall, at the first regular meeting 
following the appointment /designation of a new 
member, by the Governor, elect from its mem- 
bership a chairman and a vice chairman, each to 
serve for one year. The one-year term shall date 
from July 1, and, if the Governor's appointment 

designation is delayed beyond this date for any 
reason, the chairman and vice chairman shall 
continue to serve in these capacities during the 
interim, and the election of the new chairman 
and vice chairman shall be only for the balance 
of the year remaining after the appointment 

designation is made. 

(e) Committees of the board may be estab- 
lished as follows: 

(3) The regular board committees are: 

(C) finance and salary committee to review 
the board's finances and accounting re- 
cords; to review the State Auditor's an- 
nual audit report on the board's fiscal 
matters; to review the board's financial 
needs and recommend anuul annual fees 
to fund these needs; to review and re- 
commend staff salaries; and to perform 
any other board assignment in the area of 
finances. 

(f) The board shall hold regular meetings 
quarterly and may hold special meetings on call 
of the chairman. The chairman shall be required 
to hold a special meeting upon written request 
by two members of the board. Four members 
of the board shall constitute a quorum. The 
regular quarterly meetings shall be held in the 
board's office and shall begin at 10:00 9:00 a.m., 
unless some other place and/or time is set by the 
board. Special meetings may be held at places 
and times deemed by the chairman to be suitable 
to accomplish the necessary purposes for which 
such meetings are held. 

Statutory Authority G.S. 87-39; 87-40; 87-42. 

.1605 REFERENCE TO STATE BUILDING 
AND ELEVATOR CODES 

(a) WTierever Pursuant to G_S_ 150B- 14(c). the 
North Carolina State Building Code, Volume IV 
Flectrical, and the National Flectrical Code, 
FPA 70, are adopted bv reference; and when- 
ever a reference is made in this Chapter to the 
current edition ef the North Carolina Stat e 
Building Code, ¥«4? A^ Flectrical, including a«y 
reference to the current edition ef the National 



Eloctrical Code, said codes, it shall mean the 
current editions and any subsequent editions or 
amendments to «»4 eodoo when adopted by the 
North Carolina Stat e Building Code Council. 
thereto. 
(b) Wherever Pursuant to OS. 1 SOB- 14(c), the 
North Carolina codes and standards for elevators, 
dumbwaiters, escalators, moving walks and per- 
sonnel hoists, administered by the North 
Carolina Department of I^bor and codified as 
L3 NCAC ]_5 .0200, are adopted by reference; 
and whenever a reference is made in this Chapter 
to the current edition ef the North Carolina 
Code fef elevator, e scalator, dumbwaiter, moving 
walk aftd- posonnel hoist installations, said codes, 
it shall mean the current edition and any subse- 
quent editions or amendments te- said code a* 
administered by the North Carolina Department 
©f Labor, thereto. 

Statutory Authority G.S. 87-39; 87-42; 95-1 1(e); 
1 43- 138 (a), (b); 143- 142(b). 

.1607 PENALTY FOR SUBMITTAL OF 
BAD CHECK 

(a) In addition to making the check good, any 
person, firm or corporation submitting to the 
board a check which is subsequently returned to 
the board because of insufficient funds or no ac- 
count in bank will be charged the maximum 
penalty fee allowed by Statute for processing 
such check. 

(b) Until such time as the payor of such bad 
check has made the check good and paid the 
prescribed penalty fee, the payor will not be eli- 
gible to take an examination, review an exam- 
ination, obtain a license or have his a license 
renewed. 

Statutory Authority G.S. 87-39; 87-42; 87-44; 
25-3 through 25-5/2. 

SECTION .1700 - DISCIPLINARY ACTION 

.1701 PREFERRING CHARGES 

Any person who believes that any licensee of 
the board is in violation of the provisions of G.S. 
Chapter 87, Article 4, or Title 21 Chapter J8, of 
the North Carolma Administrative Code, may 
prefer charges against such licensee by filing a 
written statement with the board's staff in the 
board's office, setting out the particulars of his 
the charges, including, but not limited to, the 
nature, date and place of the alleged violation. 

Statutory Authority G.S. 87-39; 87-42; 87-47. 

.1702 PRELIMINARY DETERMINATION 



NORTH CAROLINA REGISTER 



152 



PROPOSED RULES 



(b) Once such charge has or charges have been 
filed with the board's executive director, he or his 
staff designee shall notify in writing the licensee 
against whom the charge or charges are made. 
Such written notice shall set forth the alleged 
facts and circumstances as contained in the writ- 
ten statement filed with the board and shall be 
given personally or by registered ©f certified mail, 
return receipt, requested. Such written notice 
shall contain a request for the licensee so charged 
to respond answer in writing within 20 days from 
the date the said notice of charges is received as 
shown on the returned receipt or from the date 
of personal notice, delivery of said notice of 
charges. 

(c) If the respondent licensee admits to the 
charges, the executive director shall accept the 
respondent '•% licensee's admission of guilt and is- 
sue in behalf of the board a reprimand and order 
the respondent licensee not to commit in the fu- 
ture any violations of G.S. Chapter 87, Article 
4, or Title 21, Chapter 18, of the North Carolina 
Administrative Code; or if, in the opinion of the 
executive director, circumstances merit a review 
by the board's disciplinary review committee, he 
shall refer the case to the said committee for re- 
view. A record ©f such charges, admission ©f 
guilt i*«4 issuance t-4 reprimand m*4 order shall 
be placed m the We ©f the licensee * s© charged. 
U fcwe such charges ate recorded m the respond 
ent's license file during a period ©f tw e lv e months 
©* if three such charges a*» recorded m the se- 



denoo has boon rocoived an4 roviowod by the 4is- 
oiplinary r e vi e w committee, it shall make a 
preliminary dotormination »f the charges filed- 
against the liconsoo. From this e vidonco, it may 
rocommend t© the board that: 

(-J-i the chargos be dismissed as unfoundod, 

frivilouo ©* trivial; ©f 
(3) the chargo ©f chargos be prosontod t© the 
fttU board fof hoaring a«4 determination 
©» the merits ©f the charge ©f chargos » 
accordanco with G.S. S7 M a«4 G.S. 
Chaptor 150B Artiolo £ a«4 Administra 
five Rules adopted by the board pursuant 
thoroto. 
From such review, the disciplinary review com- 
mittee shall make a preliminary determination of 
the charges filed against the licensee and recom- 
mend to the board what action, if any, should 
be taken against the licensee as prescribed in 
Paragraph [f} of this Rule. 

(e) All charges, investigative findings, evidence 
and disposition of each case shall be placed in a 
permanent file of the licensee so charged. If two 
charges are recorded in a licensee's file during a 
period of ]_2 months or if three such charges are 
recorded in a licensee's file during any period of 
time, the executive director shall present the 
licensee's file to the board's disciplinary review 
committee for a detailed review, from such re- 
view, the disciplinary review committee shall 



make a preliminary determination of the charges 

filed against the licensee and recommend to the 

pondent s license file during a»y penod ©f time, board what action, if any, should be taken 



the executive director shall present the respond 
ent's lic e nse file t© the board's disciplinary review 
committee fiw a detailed rovoiw. from such re- 
view, the disciplinary review committee shall de- 
termine whether ©f w©t he should be brought 
before the fi+H- board f-©f a hearing ©f what other 
action, if anyr should be tak e n against the Fe- 
spondent. make a preliminary determination of 
the changes tiled against the licensee and recom- 



as presenbed in Paragraph (f) 



mend to the board what action, if any, should 
licensee as prescribed in 



be taken against tht 



Paragraph (f) of this Rule. 
(d) If the respondent 



licensee denies the 



charges, brought against him, the board's execu- 
tive director or his staff designee and / or other 
designated investigative personnel shall investi- 
gate the allegations contained in the said charges 
and refer the charges, <m4 investigative findings 
and all available evidence to the board's discipli- 
nary review committee for review. 4-he discipli 
nary review committee shall have the authority 
to dir e ct the executive director t© further invest i 
gate, ©F t© r e tain additional investigativ e person 
©ek- f-©f the purpose ©f obtaining additional 
evidence relating t© the charges. After ah 



against the licenst 
of this Rule. 

(f) In accordance with Paragraph (c)-(e) of this 
Rule, the board s disciplinary review committee 
shall receive and review the licensee's file and 
from such review the committee shall make a 
preliminary determination and recommend to the 
board one or more of the following actions: 

( 1 ) the charges be dismissed as unfounded, 
frivilous of trivial; 

(2) a letter of caution be issued to the licensee 
by the board; 

(3) in the case of admission of guilt, a letter 
of reprimand be issued to the licensee by 
the board; or 

(4) the case be presented to the board (ex- 
cluding board members who participated 
in the preliminary determination) for an 
Administrative 1 Icanng to be conducted 
in accordance with G.S. 87-47 and Chap- 
ter I50Bj Article 3A, of the North 
Carolina General Statutes and the Ad- 
ministrative Rules adopted by the board 
pursuant thereto. 



153 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 87-39; 87-40; 87-42; 
87-47; 150B-II; 150B, Article 3. 

.1703 JUDICIAL REVIEW 

If the respondent licensee considers he has been 
aggrieved by the final decision of the board, he 
may appeal for a judicial review as provided by 
G.S. Chapter 150B, Articled 

Statutory Authority G.S. 87-39; 87-47; 150B-U; 
150B, Article 4. 

SECTION .1800 - EXAMINATION DATES: 

APPLICATIONS: FEES: 

SCOPE: GRADES: RE-EXAMINATIONS 

.1804 COMBINED APPLICATION AND 

EXAMINATION FEES/REVIEW FEES 

(a) The combined application and examination 
fees for the regular qualifying examinations in the 
various license classifications shall be as pre- 
scribed in the following regular application and 
examination fee schedule: 

APPLICATION AND EXAMINATION FEE 
SCHEDULE: REGULAR 



CLASSIFICATION 

Limited 

Intermediate 

Unlimited 

SP-SFD 

Special Restricted 



EXAMINATION 
FEE 

&LQQ S10.00 

mm $25.oq 

$50.00 

HrW $10.00 

urn $10.00 



APPLICATION 
FEE 

$11.00 $15.00 
$25.00 
$10.00 $50.00 

mm $i5.oo 

$11.00 $15.00 



TOTAL 

COMBINED 

FEE 

$18.00 $25.00 



$15.00 
$00.00 



$50.00 

i loo.oo 



ZM $25.00 
S41 $25.00 



(d) Variance in fees. The board may vary the 
application and examination review fees from 
year to year according to essential financial needs 
for the next ensuing fiscal year as determined and 
established by the board not later than the regu- 
lar third quarter board meeting of the current 
fiscal year. The total combined application &t- 
amination and examination review fees shall not 
exceed the maximum fees allowed in G.S. 87-44 
for the regular and specially arranged examina- 
tions in the various classifications. 

(f) Application and examination fees received 
with applications filed for qualifying examina- 



tions shall be retained by the board or refunded 

to the applicant as follows: 

(2) The examination fee portion of the total 
combined application and examination fee 
shall be refunded to any applicant who 
does not take the examination during the 
oxaminotion examination period for which 
he has applied. 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4; 87-44. 

.1807 EXPERIENCE 

(a) Primary. Primary experience shall mean 
verified working experience gained by the appli- 
cant while engaged actively and directly in the 
installation of electrical wiring and equipment 
governed by the National Electrical Code or 
work activities directly related thereto. Examples 
of the capacity in which a person may work in 
gaining primary experience include: 

(12) military person holding an electrician 
rating or rank of at least a third claoo petty 
officer ef E-4, noncommiooionod officer 
engaged in land based electrical installa- 
tions similar or equivalent to work per- 



formed b^; an electrical contractor; 
(b) Secondary. Secondary experience shall 
mean verified working experience gained while 
engaged in work or training which is related in 
varying degrees to the installation of electrical 
wiring and equipment governed by the National 
Electrical Code. Examples of the type of work 
or training in which a person may engage to gain 
creditable secondary experience and the percent- 
ages of supplementary primary experience credit- 
able from secondary experience are as follows: 
(4) electrical lighting aft4 powor engineering; 

college 50 Percent 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4. 

.1808 EXAMINATION SCOPE 

(a) General. Qualifying examinations for the 
limited, intermediate and unlimited license clas- 
sifications shall be based on, but not limited to, 
the following: 

(1) rules contained in the North Carolina 
State Building Code, Vet Volume IV 
Electrical, and the (current edition Na- 
tional Electrical Code, NFPA-70; 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4. 

.1812 DENIAL OF EXAMINATION 
OR LICENSE 



NORTH CAROLINA REGISTER 



154 



PROPOSED RULES 



toj te a ease whore the board has determin ed 
that a» applicant taking the qualifying oxamina 
tto» fof a license ef that the issuance ef a lic e ns e 

4 ft ♦ V-wi • ifM-^1 i,"ifi< '.liny \-i it K ■ ■ g t'll.-.m (mil .-.nf ,-rt,l t t-Lj-i 

itt i 1 rv' ill I ■" Ivvd 1 t nrrTT l iu i iu,i i\xi\v i i ui ivt i tcrjooq ii iv 

qualifying examination would adversely affoct the 
h e alth, safety a«4 welfare ef the applicant e* the 
public, the board may consider such to be good 
a«4 sufficient causo to- d e ny tke applicant pet- 
mission to take a» examination aft e r hi* applica 

TTTTTT 1 IU.' vTT^^TT UU1 T I in.TI ( \-Jl Ul 1 1 T CT nTtTTTv uriLI 

the applicant h«s mado a passing grade e» the 
examination. Prior to final decision m e ach such 

,-fi.^ n fl^^i nr>r\li."int r l-> ■ t 1 1 1-^ ■ ti . \ t j f l . l. 1 , l | I li.l Kirn-,1 f 

CWCt I 1 1\_' (II 'IMIV U!Il rTTTTTTT I ^-' nTTTinrn I 'I tire i/vui vj j 

contemplated action by- registered mail, return 
receipt requested, a«4 advised »£ h*s right to te- 
quest a hearing by- means »f a register e d letter 
addressed to the board a«4 mailed within 36 days 
after date to" return receipt showing delivery to 
the board s notice to addressee. &f showing Fe- 
fusal to addressee to accept the notice. 

fb4 W'itliin 2t> days to the receipt to such Fe- 
quest, the board shall notify the applicant to the 
time a«4 plac e to hearing, which shall be set- 

.-»-i .-\rL± tlvin 1 I 1 n.M- I . i.- .- th-i» 1 (l ;bi\.- t rr\fr-\ . H ■ l I ,\ l"^ ( 

1 I 1U I \_ I I 1 Li 1 1 7TTT I IT. 'I RTUn TTTTTTT TT UU T ^T TTTTTTT OTTtV w I 

service e# the notice. : 4-he hearing shall be con 
duct e d h* accordance with Section . 1 600 to this 
Chapter. 
£e) If applicant does t*to request a hearing, 0F 

4 - ■ | 1 Q t . \ ■■«-.«-»■■.»- -^ t * ll . t .■ , ■ li . i . 1 1 1 1 , . , 1 l~, . | ■ . t~» ii , 1 till Ql L , I , 1 
11111.1 TTT Ll I ' 1 ' Vlll ITT 1 1 TTJ" . Id TVTJ TJ IVT.I I TVTl I [Tig] I 1 I U vTTTITJ 

then may take the contemplated action, ami such 
action shall be final afto nto subject to judicial 
review. 

Notwithstanding any other provisions of this 
Chapter, in a case where, pursuant to Section 
.170(1 of this Chapter, a preliminary- determi- 
nation has been made that an applicant lor the 
qualifying examination or an applicant for a 1L_ 
cense after having passed the qualifying exam- 
ination, would, if licensed, adversely affect the 
health, safety or welfare of the applicant or the 
public, the board may consider such to be good 
and sufficient cause to deny the applicant per- 
mission to take an examination after his applica- 
tion has been duly tiled or deny a license after the 
applicant has made a passing grade on the ex- 
amination. 1'nor to final decision in each such 
case the board shall conduct an administrative 
hearing pursuant to Rule . 1606 of this Chapter. 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4; 150B-ll(l). 

SECTION .1900 - LICENSING REQUIREMENTS 

.1902 ANNUAL LICENSE FEES 

(a) The annual license fees and license renewal 
fees for the various license classifications shall be 
as prescribed in the following fee schedule: 



LICENSE EEE SCHEDULE 



CLASSIFICATION LICENSE FEE 



Limited 

Intermediate 

Unlimited 

SP-SFD 

Special Restricted 



$4&£Q $25.00 
$45^ $ 50. 00 
$00.00 $ 100.00 
$18.0() $25.00 
$1S.00 $25.00 



Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4; 87-44; 87-45. 

.1904 RENEWAL AFTER EXPIRATION OF 
ANNUAL LICENSE 

Subject to Rule .2607 of this Chapter, any per- 
son who has been once duly licensed by the 
board and whose license has expired solely be- 
cause of failure to apply for renewal or because 
of occupational requirements may apply and 
have his license renewed tfr within a period to 
twelve months immediately prec e ding his re- 
newal r e quest, without further examination and 
in compliance with the penalty provisions con- 
tained in G.S. 87-44, provided that said person 
makes application therefor within a period of 12 
months immediately following the date of expi- 
ration of said license. ]f the application is filed 
later than 12 months immediately following the 
date of expiration of said license, the applicant 
may have said license renewed if, during the 12 
month period immediately preceding the date 
said application is filed with the board, the ap- 
plicant has been primarily, actively and lawfully 
engaged (at least 1,000 hours) as an electrical 
contractor or in an occupation which in the 
judgement of the board is similar or equivalent 
to that of an electrical contractor. Lawful work 
as defmed under primary experience in Rule 
.1807 of this Chapter shall be considered as sim- 
ilar or equivalent to that of an electrical contrac- 
tor. If the applicant fails to meet these 
requirements, he said person may obtain a new 
license in accordance with Section .1800 of this 
Chapter and Rule .1901 of this Section. The 
provisions of Section .2100 of this Chapter shall 
apply to such persons whose last license expired 
on or before June 30, 1970. 

Statutory Authority G.S. 87-39; 87-42; 87-49. 

SECTION .2000 - LISTING QUALIFIED 
INDIVIDUALS AND LICENSING OPTIONS 

.2002 QUALIFIED INDIVIDUAL: NEVER 
LISTED NOR OBTAINED LICENSE 

An individual who has once taken and passed 
the qualifying examination for a license but has 



755 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



never obtained a license nor been listed as a 
qualified individual on another person or firm's 
license shall: 

(1) be eligible to obtain a license in the same 
or lesser classification as the classification of 
examination he passed upon meeting all ap- 
plicable current license requirements he has 
not previously met and submitting to the 
board: 

(c) if more than 12-months have elapsed since 
the individual applicant took and passed 
the qualifying examination for a license, 
he shall be required to furnish to the 
board information satisfactorily verifying, 
that during the immediate past 
12-months, he has been primarily, actively 
and lawfully engaged (at least 1 ,000 hours) 
in an occupation which in the judgement 
of the board is similar or equivalent to 
that of an electrical contractor. Lawful 
work as defined under primary experience 
in Rule .1807 of this Chapter shall be 
considered as similar or equivalent to that 
of an electrical contractor; 

(2) be eligible to be included as an additional 
qualified individual on another person or 
firm's current active license in the same or 
lesser classification as the classification of 
examination he passed, upon submitting to 
the board: 

(c) If more than twelve-months have elapsed 
since the individual took and passed the 
qualifying examination for a license, he 
shall be required to furnish to the board 
information satisfactorily verifying that, 
during the immediate past 12 months, he 
has been primarily, actively and lawfully 
engaged (at least 1,000 hours) in an occu- 
pation which in the judgment of the board 
is similar or equivalent to that of an elec- 
trical contractor. I awful work as defined 
under primary experience in Rule .1807 
of this Chapter shall be considered as 
similar or equivalent to that of an elec- 
trical contractor. 

Statutory Authority G.S. 87-39; 87-42; 87-43; 
87-49. 

.2004 ONCE LISTED BUT NOT NOW 
LISTED 

An individual who has once been but is not 
now listed on another person or firm's license 
may apply for and obtain his own license upon 
meeting all applicable license requirements he has 
not previously met and submitting to the board: 

(3) If more than 12-months have elapsed since 
the individual was listed on an active license, 



he shall be required to furnish to the board 
information satisfactorily verifying that, 
during the immediate past 12-months, he 
has been primarily, actively and lawfully en- 
gaged (at least 1,000 hours) in an occupation 
which in the judgment of the board is similar 
or equivalent to that of an electrical con- 
tractor, lawful work as defined under pri- 
mary experience in Rule .1807 of this 
Chapter shall be considered as similar or 
equivalent to that of an electrical contractor. 

Statutory Authority G.S. 87-39; 87-42; 87-43; 
87-49. 



SECTION .2200 



SINGLE FAMILY DWELLING 
LICENSE 



.2201 LICENSE CLASSIFICATION: 
SP-SFD 

(a) A residential dwelling license is defined as 
a special restricted electrical contracting license in 
the single family detached residential dwellin 
dwelling classification, referred to as a license in 
the SP-SFD classification. 

(d) Subject to R«fe Ami ©f tkk, Chapter, The 
annual license fee and annua] license renewal fee 
for a license in the SP-SFD classification shall 
be eighteen dollars ($18.00). Licence fee* must 
be paid by check ©f money order made payable 
to the board, as prescribed in Rule .1902 of this 
Chapter and subject to the provisions thereof. 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4; 87-44. 

.2202 SEPARATE LICENSE AND 

QUALIFIED PERSON REQUIRED 

(d) Each supervisor at the prcipul principal 
place or branch place of business shall be a 
qualified person as defined herein. 



Statutory Authority G.S. 
through 87-43.4. 



87-39; 87-42; 87-43.2 



.2206 QUALIFYING EXAMINATIONS: 
FEES: APPLICATIONS 

(b) The combined application and examination 
fees for the SP-SFD classification regular quali- 
fying examinations shall be as listed h* the fol- 
lowing schedule: 

FEfe SCHEDULE 



Regular Semi Annual 

Examination 
Specially Arranged 



APPLICATION 

mm 



NORTH CAROLINA REGISTER 



156 



PROPOSED RULES 



1 'xannnution 



EXAMINATION 
FEE 



TOTAL 
COMBINED 

S1S.00 



Qrcscribed in Rule . 1 804 of this Chapter and 
subject to the provisions thereof . 

Statutory Authority G.S. 87-39; 8~-42: S7-43.3: 
S^-43.4; 87-44. 

.2207 Ql ALIFICATION REQUIREMENTS 
FOR APPLICANTS 

The minimum qualification requirements for 
applicants to take the SP-SED qualifying exam- 
ination are as follows: 
(3) Applicant must furnish to the board infor- 
mation satisfactorily verifying that he has 
had experience of a type and amount as fol- 
lows: 
(c) An applicant having at least one year of 
experience as a journeyman electrician 
may supplement the other year by receiv- 
ing credit for a total accumulation of other 
experience considered by the board to be 
a total of one year of supplementary ex- 
perience. Some examples of credit al- 
lowed for each are as follows: 
(iii) electrical e* mechanical engineering - 
college 50 Percent 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4. 

.2208 EXAMINATION: SCOPE: GRADE: 
RE-EXAMINATION 

(b) The qualifying examination for the SP-SED 
classification shall be based on, but not limited 
to, the following: 

(1) rules contained in the current edition e+~ 
Volume JV- t-4" the North Carolina State 
Building Code. Volume IV Electrical, m- 
cluding and the current edition el fcke 
National Electrical Code, NEPA >** 70. 
which are applicable to electrical work 
covered bv the SP-SED classification: 



SP-SED license as follow;- . : in accordance with 
the provisions prescribed in Sections T9Q0 and 
.2000 of this Chapter: and provided said individ- 
ual has met all other provisions of this Section. 
(4-f Am- individual w4k* has taken »«4 passed 
the qualify ing e xamination fof a» e l e e 
tncal contracting license m the SP SI D 
classification shall immediately upon 
pawing the e xamination be eligible h* ap- 
ply ft*f a«4 obtain a SP SI D license. 
(-if Any individual who hr*s once duly quali 
fie4 k*f a SP SFD license byt ha* aw er 
obtained a license shall be eligible tt* apply 
fof a&4 obtain a licenso » the SP SED 
classification without further examination 
provided such applicant furnishes in for 
mation with h+s license application verify 
rns tkat he has been primarily activ e ly 
engaged h* electrical contracting type work 
during tbe twelve month period imme 
diately pr e c e ding the tktte h+s application 
is 6le4 with the board. 
fif A* individual who ha* once hel4 a» elec 
tncal contracting license » the SP SFD 
classification af*4 h**4 allowed h+s license 
te- becom e inactive shall be eligible t» ap- 
ply fof a«4 have hi* license reactivated 
without fun her examination provided 
such applicant furnishes information with 
hi* application verifying tl+at he h«* been 
primarily actively engaged (-at- least 1.000 
hours) » electrical contracting type work 
during the twelve month period imme 
diately preceding the date h+* application 
is h4e4 with the board. 
(b) Applications for an electrical contracting 
license in the SP-SED classification shall be filed 
with the board on forms furnished by the board, 
together with a check or money order » tfee 
amount ©I eighteen dollars ( $18.00) made paya- 
ble to the board in the amount as prescribed in 
Rule .1902 of this Chapter and subject to the 
provisions thereof. Cash cannot be accepted. 

Statutory Authority G.S. 87-39: S~-42; 87-43.3; 
S--43.4: 87-44. 

SECTION .2300 - SPECIAL RESTRICTED 
LICENSE CLASSIFICATIONS 



Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-43.4. 

.2209 APPLICATION FOR LICENSE 

(a) Individuals who have taken and passed the 
qualifying examination in the SP-SED classifica- 
tion shall be eligible to apply for and obtain a 



.2302 SPECIAL RESTRICTED ELEVATOR 
LICENSE 

(c) Restrictions of License. 
( 1) A holder of a SP-EL license shall be spe- 
cifically restricted to engaging or offering 
to engage in the business of installing, 
maintaining, altering or repairing only that 



is; 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



electric work, wiring, devices, appliances 
or equipment which is: 
(B) electrically isolated from the related 
building wiring system by means of a 
suitable protective device (safety switch 
or circuit breaker) of a size and type to 
meet the applicable requirements of the 

i^mriiiil ^^J«t^^^^i ^^L V i \ I I I I T I ■ \ 1 \ i \\ t } i ..j N_ i i t'1 i 

Carolina State Building Code North 
Carolina State Building Code, Volume IV 
Electrical, and the National Electrical 
Code, NI PA 70 for load, location, and 
other pertinent conditions. The required 
isolating devices shall have been installed 
by others complete with line-side con- 
nections with the restricted electric work, 
normally referred to in the trade as being 
"beyond the disconnection means", origi- 
nating at the load-side terminals of the 
isolating device. 
(e) Inactive SP-EL licensees or individual' 
qualified in the SP-EL classification may apph 
for and obtain a SP-EL license a* follows: in 
accordance with the provisions prescribed in 
Sections .190(1 and .2000 of this Chapter: and 
provided said individual has met all other pro- 
visions of this Rule. 

f-H Any person, firm of corporation who onto 
held a SP EI license, botr doe to failur e 
to renew of because of occupational fe- 
quiromuntt i , allowed hi* licen -. e to expire. 

tj^^^^^r ^^^^^^^^ ^^l^^^^i ^^^^^^^ ^^^^J L^^^^^*^i ^^^^ .a~I-^— 

^^^T^^^T t^^^^^^T ^^T^^^^^ ^^^^^^T 1111. ^^^^^^^^a ^^^T t^^^^ 

propriate application or- a fonn furnished 
by the board aod paying the required leer 
reactivate such license status aod obtain a 
current license m- the SP El - classification, 
without further examination: provid e d tn- 
formation i* furnished m- writing to the 
board from which the board eao deter 

1 I 111 IV.' 1 1 HI I I I IV I r " 1 *-" * " * ™ n*"~ " vVl I j " InuTTiT 

actively engaged fat- l e ast 1,000 hours) » 
the type work covered by the SP EI 
classification during the twelve month pe- 
riod immediately preceding the date such 
application i* filed with the board; aod 
provided he ha* met all oth e r provisions 
of th** Rule. 

/ / \ A rli: PQJXfl t3 ] ' '"" B Q C *"''"' HI i 1 r\ *i .- .• . \. 1 tin 

y 2— J rTTTT I r \rJ - H 7 I 1 T T lilt lilt,' IUHI.1I CZZXd I ' U . ' . ' \^-l I 1 l\J 

qualifying e xamination fo? a licens e fit- the 
SP EL - classification hot- never obtained 
such license may. upon filing the required 
license application with the hoard a»d 
paying the annual S P EI license feer ob- 
trdft a S P EI license; provided he fi*o- 
nishod information to the board 
satisfactorily verifying that he ha* been 
primarily actively e ngaged fat- lea*t- 1,000 
hours) io the type of electrical contracting 



■ ■» i -» i ■ ■ n-. l.4 t-, i • > hi 'w I * 1. I i-l'irfitif 'ltijin iliintm 

Li f iv IV \-i \ i T rrrc en i,i j liujjii i iai i i\ 1 1 1 uui 1 1 1 c 

the twelve month p e riod immediately 

preceding the date such application i* filed 

wrth the board; aod provided he he* met- 

all other provisions of thi* Rule. 

(g) Annual License Fee. Until revised by the 

board, The annual license fee and license renewal 

fee fof aft e lectrical contracting liconso in the 

SP-EL classification shall be eighteen dollars 

($1 8 .00). as prescribed in Rule .1902 of this 

Chapter and subject to the provisions thereof. 

(m) Combined Application and Examination 
Fees. 

( 1) Until revised by the board, The combined 
application and examination fees for the 
SP-EL classification regular qualifying ex- 
aminations and specially arranged exam- 
inations shall be as listed i» the following 
fee schedule: prescribed in Rule . 1 804 of 
this Chapter and subject to the provisions 
thereof. 

fefefe SCHEDULE 



Regular Semi Annual 

Examination 
Specially Arranged 

Examination 



EXAMINATION 
fefefe 



APPLICATION 

fefefe 

SI 1.00 



SJ0.00 



urn 



moo 



TOTAL 

COMBINED 

fefefe 



W&00 



S100.00 



(o) Examination Scope. The qualifying ex- 
amination for the SP-EL license shall be based 
on, but not limited to, the following: 

(1) rules contained in the current edition of 
the North Carolina State Building Code, 
Volume IV Electrical and the National 
Electrical Code, NT PA 70, which are ap- 
plicable to elevator type wiring; electrical 
work covered by the SP-EL classification; 

(2) rules contained in the current edition of 
the North Carolina Code codes and 
standards for elevator, escalator, 
dumbwaiter, moving walk and personnel 
hoist installations as administered by the 
elevator division of the North Carolina 
Department of Labor and codified as j_3 
NCAC 15.0200; 



NORTH CAROLINA REGISTER 



/5<S 



PROPOSED RULES 



Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-44; 87-48. 

.2303 SPECIAL RESTRICTED PLUMBING 
AND HEATING LICENSE: CLASS I 

(a) License Defined. A special restricted 
plumbing and heating electrical contracting li- 
cense, Class h shall be referred to as a special re- 
stricted electrical contracting license in the 
SP-PH -GL I classification and is defined as a 
special restricted electrical contracting license 
isssued by the board to eligible applicants. 

(b) Eligible Applicants for SP-PH -Glass i Li- 
cense. Only those persons, firms or corporations 
who are primarily engaged in a lawful business 
of plumbing, heating or air conditioning con- 
tracting within the State of North Carolina and 
whose duly authorized representative has taken 
and passed the SP-PH Class J- qualifying exam- 
ination administered by the board, shall be eligi- 
ble to apply for and obtain a SP-PH Class 1 
License: 

(2) A duly authorized representative of a li- 
cense applicant shall be deemed to be a 
person who is regularly employed by the 
license applicant, and who is regularly on 
active duty in the license applicant's law- 
ful plumbing, heating or air conditioning 
contracting place of business; and who has 
the specific duty and authority to provide 
direct supervision of all installation, 
maintenance, alteration or repair of any 
electrical wiring, devices, appliances or 
equipment done in the name of the 
SP-PH -Glass ^licensee. 

(c) License Restrictions. With regard to elec- 
trical contracting, a SP-PH Class I licensee is 
specifically restricted to engaging or offering to 
engage in the business of installing, maintaining, 
altering or repairing only such electric work, wir- 
ing, devices, appliances or equipment which is an 
incidental part of his lawful plumbing, heating 
or air conditioning business and which is directly 
in connection with his lawful business. Such 
licensee shall be further restricted to electrical 
contracting work which is within the physical 
and technical limitations delineated in Paragraph 
(d) of this Rule. 

(d) Physical and Technical Limitations of Li- 
cense. Electrical contracting under the SP-PH 

Class 1 license classification shall be restricted to 
wiring which is directly related to plumbing, 
heating or air conditioning installations within 
the State of North Carolina as described and de- 
fined as follows: 

(2) All related wiring shall be electrically iso- 
lated from the building wiring system by 
means of a suitable overcurrcnt protective 



device (fused switch or circuit breaker) of 
a size and type to meet the ourront e dition 
ef tk# rG G- North Carolina State 
Building Code, ¥ek Volume IV Elec- 
trical, and the National Electrical Code, 
NFPA 70; 

(3) The isolating device referred to in Para- 
graph (d)(2) of this Rule is to be installed, 
complete with line-side connections by 
others. Related wiring must originate at 
the load-side terminals of the isolating 
device and all such related wiring shall be 
in compliance with the currant e dition el 
tfee ?G G- North Carolina State Building 
Code, Vet Volume IV Electrical, and the 
National Electrical Code, NFPA 70. 
Such isolating device must be perma- 
nently and legibly identified as to the 
equipment being served and, except as set 
out in Paragraph (d)(4) of this Rule, must 
be installed within an approved enclosure 
which is intended solely for, and limited 
to, serving the specific plumbing, heating 
or air conditioning equipment involved; 

(4) In lieu of a separate enclosure as required 
in Paragraph (d)(3) of this Rule, a sepa- 
rate ovcrcurrent device of a suitable type 
and size located within a switchboard or 
panelboard which serves the building wir- 
ing system may be used as the isolating 
overcurrent device described in Para- 
graphs (d)(2) and (d)(3) of this Rule; 
provided: 

(A) The device is permanently and legibly 
marked, or the switchboard or panelbomd 
panelboard is so marked, to clearly iden- 
tify the device as to the plumbing, heating 
or air conditioning equipment the device 
is intended to serve; and 

(B) Suitable wiring is installed from the 
load-side terminals of such overcurrent 
device to an approved junction box, aux- 
iliary gutter, disconnecting means or other 
similar equipment installed outside of the 
switchboard or panolbomd panelboard 
enclosure at a point in sight of and not 
more than 50 feet from the plumbing, 
heating or air conditioning equipment be- 
ing served. Such sutiablo suitable wiring 
shall not be construed to be related wiring 
covered by the SP-PH Class 1 license 
classification; 

(6) No such related wiring, or any part 
thereof, may be installed in any location 
defined as a hazardous location by the 
current edition ef th# North Carolina 
State National Electrical Code, NFPA 70. 



159 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(e) Project Value Limitation. Within the re- 
strictions set out in Paragraphs (c) and (d) of this 
Rule, a licensee holding a SP-PH -Gfe 1 license 
shall be entitled to engage or offer to engage in 
any plumbing, heating or air conditioning related 
wiring electrical contracting project regardless of 
the dollar value of such related wiring project. 

(f) Annual License Fee. Until raviood by the 
board, The annual license fee and license renewal 
fee fof a» electrical contracting license in the 
SP-PH Class * classification shall be eighteen 
dollars ($18.00). as prescribed in Rule .1902 of 
this Chapter and subject to the provisions 
thereof. License fees must be in the form of a 
check or money order made payable to the board 
and must be filed with the license applications. 
Cash cannot be accepted as payment for license 
fees. 

(h) License Required. No person, firm or 
corporation shall engage or offer to engage in the 
business of installing, maintaining, altering or re- 
pairing electric work, wiring, devices, appliances 
or equipment, covered under the SP-PH Class 
4- license classification without first having ob- 
tained a SP-PH Class I license from the board, 
(i) Separate License and Qualified Individual. 
There shall be a separate SP-PH Class I license 
and a separate qualified person for each place of 
business as follows: 

(1) Lach person, firm or corporation engaging 
or offering to engage in the business of 
installing, maintaining, altering or repair- 
ing electric work, wiring, devices, appli- 
ances or equipment covered under the 
SP-PH Class I license classification must 
hold a separate SP-PH Class I license for 
each place of business from which the 
type of business covered under this license 
classification is being conducted, 
(j) Inactive SP-PH Class I licensees or indi- 
viduals qualified in the SP-PH Class + classi- 
fication may apply for and obtain a SP-PH 
Class J- license as follows: in accordance with 
the provisions prescribed in Sections . 1900 and 
.2000 of this Chapter; and provided said individ- 
ual has met all other provisions of this Rule. 

^ 1 f T TI 1 t L'(?l yrTTTT ill ill \J r trr.*l f H ttti t K 1 1 i Vtttt* tTTTt"t* 

keW a SP I'll Class J- license btor 4w» to 
failure to renew Bf because »f occupa 
tional requirements, allowed hi* license to 
expire, may apply *»4 hav e h** license Fe- 
n e wed tf he furnishes information to toe 
board verifying that- he is e ngaged » a 
lawful plumbing, heating e* aif condi 
tioning business ami during the twelve 
months period imm e diately preceding the 
filing »f h+s application he ha* been pri- 
marily actively engaged fat- least- 1 ,000 



hours) m plumbing, heating, atf condi 

^^^^j^^^^^^ ^^jr ^^^^^^^^^^^^^^ ■ ' • * ^ t f «- ■ > . ^ 1 ittji ^^r^^^i i ■ ' . \rl: 
n^TTTTTTTT r^T" CT^^Ct I 1UUI l^_l II 1 1 U\. I II I EL, t^TT^P t^TTTtTTT 

f2} A-»y person who- has onc e ttoly qualified 
fof a SP PH Class 1 licens e b«t novor tto- 
tainod a lic e ns e may apply ami obtain a 
liconso if he furnish e s information verify 
iftg that he i* engag e d m a lawful plumb 
mg: h e ating ef at* conditioning business 
amh during toe twelve month period im- 
mediately preceding toe filing »f hi* ap- 
plication, he ha* been primarily actively 
e ngaged fat least- 1,000 hours) m plumb 
mgr heating, aif conditioning ef e lectrical 
contracting type work. 
(1) Qualifying Examinations; Minimum Re- 
quirements. In order to take the SP-PH Class 
I qualifying examination, as applicant must meet 
the following minimum requirements: 

(1) Applicant must present satisfactory evi- 
dence verifying that he is regularly em- 
ployed by a person, firm or corporation 
engaged in a lawful plumbing, heating or 
air conditioning business within the State 
of North Carolina as defined in Paragraph 
(b) of this Rule and that he is applying to 
take the qualifying examination for the 
purpose of qualifying for a SP-PH Class 
I license for the said lawful business; 
(m) Written Qualifying Examination. Appli- 
cants for the SP-PH Class I license are required 
to take in their own handwriting a written quali- 
fying examination as prescribed by the board. 

(o) Re-examination; Waiting Period. An ap- 
plicant failing to make a passing grade on the 
qualifying examination must wait a nominal pe- 
riod of six months (period between semi-annual 
examinations) before he will be eligible to take 
another qualifying examination in the SP-PH 
Class I license classification. Such applicant 
shall be considered a new applicant each time he 
applies to take the qualifying examination and for 
each such time, he must file an application on the 
SP-PH Class 1- qualifying examination applica- 
tion form furnished by the board and pay the 
required application and examination fee. 

(p) Examination Dates. Regular semi-annual 
and specially arranged SP-PH Class i qualifying 
examinations shall be administered by the board 
as follows: 

( 1 ) When eligible applicants are waiting to 
take the examination, qualifying exam- 
inations for an electrical contracting li- 
cense in the SP-PH Class I classification 
shall be conducted during the board's 
regular semi-annual examination period in 
the months of March and September of 
each vear. The board mav establish such 



NORTH CAROLINA REGISTER 



160 



PROPOSED RULES 



other dates to conduct examinations as 

may be necessary. 
(q) Combined Application and Examination 
Fees. Until changed by the board, the combined 
application a«4 examination fees fof the 
SP I'll Glass i qualifying examination shall be 
as specified h* tke following fee schedule: 

H4+ SCIIbDri F 



Regular Semi Annual 

I . summation 
Specially i\rranged 

Examination 



EXAMINATION 
E45fc 



$70.00 



APPI RATION 
E4* 

$30.00 

TOTAL 
COMBINED 

5 . 1S.00 

$100.00 



( 1) The combined application and examina- 
tion fees for the SP-PH classification reg- 
ular qualih inn examinations and specially 
arranged examinations shall be as pre- 
scribed in Rule . 1S04 of this Chapter and 
subject to the provisions thereof. 

(2) f-H The total combined application and 
examination fee must be in the form of a 
check or money order payable to the 
board and must accompany the applica- 
tion when filed with the board. 

(3) {4) The application and examination fees 

shall be retained by the board or refunded 
to the applicant as follows: 

(A) The application portion of the com- 
bined application and examination fee 
shall be retained by the board unless the 
applicant does not take the qualifying ex- 
amination for which he applied and does 
submit a written request to the board for 
a refund and the refund is specifically ap- 
proved by the board. 

(B) The examination fee portion of the 
combined application and examination fee 
shall be refunded to any applicant who 
does not take the examination during the 
examination period for which he has ap- 
plied. 

(4) (4f Any fee retained by the board shall not 

be creditable toward the payment of any 
future application ©for examination fee. 
(r) Applications to Take Examination. Appli- 
cations to be considered for regular semi-annual 



and specially arranged examinations must be duly 
filed on forms provided by the board: 

(3) Applications for examinations shall not 
be considered duly filed unless and until 
the applicant has filed an application with 
the board prior to the filing deadline on a 
form provided by the board, together with 
the following information: 
(C) ' satisfactory verification that he meets 
the minimum standards of experience, and 
proficiency for the SP-PH Class I license 
classification; and 
(s) Examination Scope. The qualifying exam- 
ination for a SP-PH Class I license shall be 
based on, but not limited to, the following: 
(1) rules contained in the current edition »f 
Ae Nt Or North Carolina State Building 
Code, V©fr Volume I\ 
National Electrical 



(2) 



Electrical and the 
Code, NEPA 71^ 
which are applicable to installations cov- 
ered by the SP-PH Class I license classi- 
fication; 

analysis of electrical schematic diagrams, 
plans and specifications applicable to in- 
stallations covered by the SP-PH Class i 
license classification; and 
(t) Other Electrical Contracting Work. Elec- 
trical contracting work other than that specif- 
ically covered under the SP-PH Class I license 
is covered in G.S. 87-43 and by appropriate rules 
in this Chapter. Any person, firm or corpo- 
ration, including any SP-PH Class I- licensee, 
who engages or offers to engage in such other 
electrical contracting is required to hold a valid 
electrical contracting license which has been is- 
sued by the board to cover such other work. 

(u) Duty and Responsibility of SP-PH Class 
i licensee. In addition to complying with the 
general laws, regulations and requirements appli- 
cable to persons, firms or corporations engaging 
or offering to engage in the business of electrical 
contracting within the State of North Carolina, 
it shall be the duty and responsibility of a licensee 
holding an electrical contracting license in the 
SP-PH Class i classification to confine his elec- 
trical contracting business strictly to related wir- 
ing in connection with plumbing, heating or air 
conditioning installations as defined in Para- 
graphs (c) and (d) of this Rule. 

(v) Penalty for Violation. Any licensee holding 
a SP-PH Class 1- license and engaging or offering 
to engage in an)' electrical contracting business 
under said License, other than that specifically 
covered by 'his Rule shall be deemed to be in 
violation of Chapter 87, Article 4, of the North 
Carolina General Statutes and shall be subject to 
penalty as provided in G.S. 87-48. 



161 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-44; 87-48. 

.2304 SPECIAL RESTRICTED PLUMBING 
AND HEATING: CLASS II 
(REPEALED) 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-44; 87-48. 

.2305 SPECIAL RESTRICTED 

GROUNDWATER PUMP LICENSE 

(d) Physical and Technical limitations of Li- 
cense. Electrical contracting under the SP-WP 
license classification shall be restricted to wiring 
which is directly related to groundwater pump 
installations within the State of North Carolina 
as described in this Rule: 

(3) The suitable disconnecting means referred 
to in Subparagraphs (d)(1) and (2) of this 
Rule shall: 
(C) be of a type and size as required by the 
current edition ef the North Carolina 
State Building Code, Vol. Volume IV 
Electrical 
Code, 



and 
NIT A 



the 

70, 



National Electrical 
for the specific 
groundwater pump equipment involved; 
and 
(D) contain fuse or circuit breaker overcur- 
rent protection of a type and size as re- 
quired by the current edition rf the North 
Carolina State Building Code, V-wh Vol- 
ume IV Electrical and the National Elec- 
trical Code, NT- PA 70, for the specific 
groundwater pump equipment involved, 
unless such overcurrcnt protection is oth- 
erwise provided in the building wiring 
system. 

(4) All related wiring covered by the SP-WP 
classification shall be installed in compli- 
ance with the applicable provisions of the 
current edition ef the North Carolina 
State Building Code, Voir Volume IV 
Electrical and the National Electrical 
Code, NFPA 70. 

(5) Related wiring covered by the SP-WP 
classification shall be restricted to circuits 
or parts thereof which operate at voltages 
not exceeding 600 volts, phase-to-phase. 
No related wiring, or any part thereof, 
may be installed in any location defined 
as a hazardous location m by the current 
edition »f the North Carolina Stat e 
Building Code, V-eh W- Electrical. Na- 
tional Electrical Code, NEPA 70. 

(f) Annual License Eee. Until revised by the 
board, The annual license fee and license renewal 
fee fof at* electrical contracting licens e in the 



SP-WP classification shall be eighteen dollars 
($18.00). as prescribed in Rule .1902 of this 
Chapter and subject to the provisions thereof. 
License fees must be in the form of a check or 
money order made payable to the board and 
must be filed with the license applications. Cash 
cannot be accepted as payment for license fees. 

(j) Inactive SP-WP licensees or individuals 
qualified in the SP-WP classification may apply 
for and obtain a SP-WP license as follows: in 
accordance with the provisions prescribed in 
Sections .1900 and .2000 of this Chapter; and 
provided said individual has met all other pro- 
visions of this Rule. 

\ L . 1 \ J V / % T1 . >1 1 



W 



m 



Any person, f4n» &¥ i 

he!4 a SP WP license, btrtr 4t*e te failure 
t» r e n e w e* because ef- occupational Fe- 
quirements, allowed his license to expire, 
may apply asd hav e hi* license renewed 
if he furnishes information t» the board 
v e rifying that he is e ngaged t» a lawful 
groundwater pump business; and, during 
the twelve month period imm e diat e ly 
preceding the filing of his application, he 
has been primarily actively engaged fat 
l e ast 1,000 hours) in- groundwater pump 
»f e l e ctrical contracting type work. 
Any person who has onc e duly qualified 
fof a SP WP license b«t never obtain e d a 
license may apply a«4 obtain a license if 
he furnishes te- the board information 
verifying that he is engaged i» a lawful 
groundwater pump business and, during 
the twelve month period immediately 
preceding the filing »f his application, he 

I lit? ( Hr*J*i I 1*1 1111 ii I 11 V i It'L 1 V (?1 V t? i 1 tlrttit*TT \ I ,v'M( 

hours) » groundwater pump of electrical 

contracting typ e work. 

Combined Application and Examination 
L'ntil changed by- the board, the combined 
application awi examination fee fof the SP WP 
qualifying examination shall he as specified i» the 
following fee schedule: 

Pfe& SCHEDULE 

APPLICATION 

FEE 



(P) 

lee. 



Regular Semi Annual 

Examination 
Specially Arranged 

Examination 



EXAMINATION 
E*6 



mm 

$30.00 

TOTAL 

COMBINED 

1*6 



NORTH CAROLINA REGISTER 



162 



PROPOSED RULES 



$ . 70.00 



& I00.0O 



( 1 ) The combined application and examina- 
tion fees for the SP-WP classification reg- 
ular qualifying examinations and specially 
arranged examinations shall be as pre- 



scribed m Rule .1804 of this Chapter and 
subject to the provisions thereof. 

(2) f++ The total combined application and 
examination fee must be in the form of a 
check or money order made payable to 
the board and must accompany the ap- 
plication when filed with the board. 

(3) (3} The application and examination fee 

shall be retained by the board or refunded 
to the applicant as follows: 

(A) The application fee portion of the 
combined application and examination fee 
shall be retained by the board unless the 
applicant does not take the examination 
for which he applied and does submit a 
written request to the board for a refund 
and the refund is specificallv approved by 
the board. 

(B) The examination fee portion of the 
combined application and examination fee 
shall be refunded to any applicant who 
does not take the examination during the 
examination period for which he has ap- 
plied. 

(4) (-rty Any fee retained by the board shall not 

be creditable toward the payment of any 
future application or examination fee. 
(r) Examination Scope. The qualifying exam- 
ination for a SP-WP license shall be based on, 
but not limited to, the following: 

(1) rules contained in the curr e nt e dition ef 
tke North Carolina State Building Code, 
Vol. Volume IV Electrical and the Na- 
tional Electrical Code. NT PA 70. which 
are applicable to installations covered by 
the SP-WP classification; a«4 

Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-44; 87-48. 

.2306 SPECIAL RESTRICTED ELECTRIC 
SIGN LICENSE 

(e) Physical and Technical Limitations of Li- 
cense. Electrical contracting under the SP-ES 
license classification shall be restricted to wiring 
which is directly related to electric sign installa- 
tions within the State of North Carolina as de- 
scribed in this Rule: 

(5) The suitable disconnecting means or suit- 
able junction box referred to in Subpara- 
graph (e)(1) and (2) of this Rule and the 



suitable junction box referred to in Sub- 
paragraph (e)(3) of this Rule shall be in- 
stalled as separate enclosures intended 
solely for and limited to serving the spe- 
cific electric sign installation involved; 
shall be of a type and size as required by 
the current edition ef As North Carolina 
State Building Code, Velr Volume IV 
Electrical and the National Electrical 
Code, N'FPA 70, for the specific electric 
sign installation involved; and shall be 
permanently and legibly marked to iden- 
tify same with the specific electric sign in- 
stallation being served. 

(7) All related wiring shall be installed in 
compliance with the applicable provisions 
of the current edition ©f &e North 
Carolina State Building Code, ¥*4r Vol- 
ume IV Electrical and the National Elec- 
trical Code, NFPA 70. 

(8) No related wiring, or any part thereof, may 
be installed in any location defined as a 
hazardous location i» bv the current e4i- 
tie» ef A# North Carolina State Building 
Code, ¥«4t Pr- Electrical. National Elec- 
trical Code, NFPA 70. 

(9) All building wiring shall be installed by 
others and all such wiring shall be in- 
stalled in compliance with the applicable 
provisions of the current edition ef- &t» 
North Carolina State Building Code. V-«4r 
Volume IV Electrical and the National 
Electncal Code, NFPA 70. 

(g) Annual License Fee. Until revised by th« 
board, The annual license fee and license renewal 
fee fof a» electrical contracting in the SP-ES 
classification shall be eighteen dollars ($18.00). 
as prescribed in Rule . 1QQ2 of this Chapter and 
subject to the provisions thereof. License fees 
must be in the form of a check or money order 
made payable to the board and must be filed with 
the license applications. Cash cannot be ac- 
cepted as payment for license fees. 

(h) Annual License Renewal. All licenses is- 
sued by the board automatically expire at 
mdinight midnight on June 30 of each year unless 
otherwise rendered invalid prior to that date. 
License renewal applications and the eighteen 
dollar (S 18.00) annual license renewal fees shall 
be due in the office of the board 30 days prior to 
the midnight June 30 expiration date. The filing 
date of applications filed by mail will be consid- 
ered to be the date of postmark. Renewal ap- 
plications received after the midnight June 30 
expiration date shall be subject to a late filing 
penalty of 10 percent of the annual license fee. 

(j) Inactive SP-ES licensees or individuals 
qualified in the SP-ES classification may apply 



163 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



for and obtain a 
accordance with 
Sections 



SP-ES license as follows: in 

the provisions prescribed in 

1 900 and .2000 of this Chapter; and 



provided said individual has met all other pro- 
visions of this Rule. 

tit " tiit i.' v. i \y\.j i i j in in rrr uui !■ "" i uin'ii •« i iu kj i iuu 

hold a SP ES license, btrir d«e t» failur e 
t» renew ef bocauso ef occupational re- 
quirem e nts, allowed his liconso te oxpiro, 
may apply an4 have his license renewed 
if he furnished infurmat ieft te- the board 
verifying that- he is engaged m a lawful 
oleotrio si^* business, and, during the 
twolvo month period immediately proced 
iftg the filing ef his application, he has 
been primarily actively engaged (at least 
1,000 hours) ift el e ctric sig» &f electrical 
contracting type work. 
(-3) Any person who has once duly qualified 
fef a SP ES lic e ns e b«t never obtained a 
license may apply at*4 obtain a licenso if 
he furnishes te- the board information 
verifying that he is engaged m a lawful 
electric sigft business aftdr during the 
twelve month period immediately proced 
i«g the filing ef his application, he has 
been primarily actively engaged ( 1,000 
hours) i» electric sigft e* electrical con 
tructing type work. 
(q) Combined Application and Examination 
Fees. Until changed by the board, the combined 
application a»d examination fees fof the SP ES 

CTTITTTTTT'TTTTli t^TtTTI lilltlltlTTII QTttuS t*t? Ct^ CTTTOOIj It U 111 I I IT? 

following fee schedule: 



(2) f44 The total combined application and 
examination fee must be in the form of a 
check or money order made payable to 
the board and must accompany the ap- 
plication when filed with the board. 

(3) (2) The application and examination fee 

shall be retained by the board or refunded 
to the applicant as follows: 

(A) The application fee portion of the 
combined application and examination fee 
shall be retained by the board unless the 
applicant does not take the examination 
for which he applied and does submit a 
written request to the board for a refund 
and the refund is specifically approved by 
the board. 

(B) The examination fee portion of the 
combined application and examination fee 
shall be refunded to any applicant who 
does not take the examination during the 
examination period for which he has ap- 
plied. 

(4) (3) Any fee retained by the board shall not 

be creditable toward the payment of any 
future application or examination fee. 
(s) Examination Scope. The qualifying exam- 
ination for a SP-ES license shall be based on, but 
not limited to, the following: 

(1) rules contained in the current edition of 
the North Carolina State Building Code, 
Vol. Volume IV Electrical and the Na- 
tional Electrical Code, NFPA 70^ which 
are applicable to installations covered by 
the SP-ES license classification; 



PEE SCHEDULE 



PiOgular S e mi Annual 

Examination 
Sp e cially Arranged 

Examination 



EXAMINATION 
FEE 



APPLICATION 
PEE 



$444)0 

$30.00 

TOTAL 

COMBINED 

PEE 



$4E4q uzm 

mm sioo.oo 

(1) The combined application and examina- 
tion fees for the SP-FS classification reg- 
ular qualifying examinations and specially 
arranged examinations shall be as pre- 
scribed in Rule . 1 X04 of this Chapter and 
subject to the provisions thereof. 



Statutory Authority G.S. 87-39; 87-42; 87-43.3; 
87-44; 87-48. 

.2307 SPECIAL RESTRICTED LOW 
VOLTAGE LICENSE 

(b) Low Voltage Wiring Defmed. With regard 
to the SP-LV license classification, low voltage 
wiring is defined as: 

(2) Wiring systems having a voltage in excess 
of 50 volts; provided such systems consist 
solely or power limited circuits meeting 
the definition of a Class II or Class III 
wiring system as defined in the Nr Gr 
North Carolina State Building Code, V-eh 
Volume IV Electrical (current e dition ef 
and the National Electrical Code, NFPA 
70 ) ; or 

(c) Hazardous Locations. No related wiring 
or any part thereof may be installed under the 
provisions of this Rule in any location defined 
as a hazardous location by the Nr Gr Stat e 
Building Codo, VeP PV- Electrical (current edition 
ef the National Electrical Code, NFPA 70. } 



NORTH CAROLINA REGISTER 



164 



PROPOSED RULES 



(1) Inactive SP-LV licensees or individuals 
qualified in the SP-LV classification may apply 
for and obtain a SP-LV license a* follows: in 
accordance with the provisions prescribed in 
Sections . 1 900 and .201)0 of this Chapter; and 
provided said individual has met all other pro- 
visions of this Rule. 

(-14 Afty person, ftfFft ef corporation who onco 
heki a- license; b+to ttoe to failur e ;» renew 
e* because ef occupational feqi. iromonto 
allowed his license to expire, may- apply 
a«4 have hi* lic e ns e ronowed if he h*f- 
nishos information to the board verifying 
that, during toe twelve month period hb- 
mediately preceding the filing trf hi* ap- 
plication, he ha* been primarily actively 
engag e d (at- lea*i- 1,000 hours) » lew 
voltag e ©f other electrical contracting type 
work. 
(4> Any person who ha* onco duly qualified 
tot a SP LV license, bto never obtained a 
License, may apply a«4 obtain a license if- 
he furnishes to toe board information 
verifying that- during the twelve month 
period immediately preceding the filing ©f- 
hi* application he ha* been primarily ae- 
tively engaged ( 1,000 hours) i» tow- volt 
age e+ other e lectrical contracting typ e 
work. 
(m) Certain Licensees Exempt. Within the 
restrictions of their respective electrical contract- 
ing license classification, licensees holding a cur- 
rent electrical contracting license issued by the 
board in the limited, intermediate, unlimited, 
SP-SFD or SP-PH -Qa** I classification are ex- 
empted from the license requirements of this 
Rule. 
(n| Annual License Fee. Until revised by the 
board, The annual license fee and license renewal 
fee fof a» e l e ctrical contracting license in the 
SP-LV classification shall be eighte e n dollars 
($18.00). as prescribed m Rule .1902 of this 
Chapter and subject to the provisions thereof. 
License fees must be paid in the form of a check 
or money order made payable to the board and 
must accompany be tiled with the license appli- 
cations. Cash cannot be accepted as payment for 
license fees. 

(o) Annual License Renewal. All licenses is- 
sued by the board automatically expire at mid- 
night on June 30 of each year unless otherwise 
rendered invalid prior to that date. License re- 
newal applications and the eighteen dollar 
($1S.00) license renewal fee shall be due in the 
office of the board 30 days prior to the midnight 
June 30 expiration date. The filing date of ap- 
plications tiled by mail will be considered to be 



the date of postmark. Renewal applications re- 
ceived after the midnight June 30 expiration date 
shaLL be subject to a late fiLing penalty of 10 per- 
cent of the annual License fee. 
(u) Combined Application and Examination 
Fees. Until changed by the board toe combined 
application a*to examination lee* tof the SP LV 
qualifying examination shall be a* specified h% the 
following fee 

PES SCHEDULE 



Regular Semi Annual 
Specially Arranged 



EXAMINATION 
FEE 

$70.00 



APPLICATION 

FEE 

mm 



$30.00 



TOTAL 

COMBINED 

FEE 

$18.00 
E 100.00 



The combined application and examina- 
tion fees for the SP-LV classification reg- 
ular qualifying examinations and specially 
arranged examinations shall be as pre- 



Lii 



scribed in Rule . 1 804 of this Chapter and 
subject to the provisions thereof. 

(2) (44 The total combined application and 
examination fee must be in the form of a 
check or money order made payable to 
the board and must accompany the ap- 
plication when filed with the board. Cash 
cannot be accepted. 

(3) (-2+ The application and examination fee 

shall be retained by the board or refunded 
to the applicant as follows: 

(A) The application portion of the com- 
bined application and examination fee 
shall be retained by the board unless the 
applicant does not take the examination 
for which he applied and submits a writ- 
ten request to the board for a refund and 
the refund is specifically approved by the 
board. 

(B) The examination fee portion of the 
combined application and examination fee 
shall be refunded to any applicant who 
does not take the examination during the 
examination period for which he has ap- 
plied. 

(4) f4} Any fee retained by the board shall not 

be creditable toward the payment of any 
future application or examination fee. 



165 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(w) examination Scope. The qualifying exam- 
ination for a SP-LV license shall be based on, but 
not limited to, the following: 

(1) rules contained in the N.C. North 
Carolina State Building Code, ¥eh Vol- 
ume IV Electrical (current edition ef and 
the National Electrical Code, NFPA 70, > 
applicable to low voltage installations 
covered by the SP-LV licens e classifica- 
tion; 



mm 



$100.00 



Statutory Authority G.S. 87-39; 
87-43.2; 87-43.3; 87-44; 87-48. 



.2308 



87-42; 87-43; 



SPECIAL RESTRICTED SWIMMING 
POOL LICENSE 

(h) Annual License Fee. Until revised by the 
board, The annual license fee fof a» e l e ctrical 
contracting lieonoo in the SP-SP classification 
shall be eighteen dollars ($18.00). as prescribed 
in Rule .1902 of this Chapter and subject to the 
provisions thereof. License fees must be paid in 
the form of a check or money order made paya- 
ble to the board and must accompany be filed 
with the license application. Cash cannot be ac- 
cepted as payment for license fees. 

(i) Annual License Renewal. All licenses is- 
sued by the board automatically expire at mid- 
night on June 30 of each year unless otherwise 
rendered invalid prior to that date. License re- 
newal applications and the eighteen dollar 
($18.00) license renewal fee shall be due in the 
board's office 30 days prior to the midnight June 
30 expiration date. The filing date of renewal 
applications filed by mail will be considered to 
be the date of postmark. Renewal applications 
received after the midnight June 30 expiration 
date shall be subject to a late filing penalty of 10 
percent of the annual license fee. 

(o) Combined Application and Examination 
Fees. Until changed by the board, the combined 
application a«4 e xamination foes fo* the SP SP 
qualifying examinations eh all be as pr e scribed m 
the following fe 

PES SCHEDULE 

APPLICATION 



Regular Semi annual 
Specially Arranged 



EXAMINATION 

FEE 



$11.00 
$30.00 

TOTAL 

COMBINED 

EE6 

mm 



(1) The combined application and examina- 
tion fees for the SP-SP classification reg- 
ular qualifying examinations and specially 
arranged examinations shall be as pre- 
scribed in Rule . 1 804 of this Chapter and 
subject to the provisions thereof. 

(2) (4-} The total combined application and 
examination fee must be in the form of a 
check or money order made payable to 
the board and must accompany the ap- 
plication when hied with the board. Cash 
cannot be accepted. 

(3) {2} The application and examination fee 

shall be retained by the board or refunded 
to the applicant as follows: 

(A) The application portion of the com- 
bined application and examination fee 
shall be retained by the board unless the 
applicant does not take the examination 
for which he applied and submits a writ- 
ten request to the board for a refund and 
the refund is specifically approved by the 
board. 

(B) The examination fee portion of the 
combined application and examination fee 
shall be refunded to any applicant who 
does not take the examination during the 
examination period for which he has ap- 
plied. 

(4) (4) Any fee retained by the board shall not 

be creditable toward the payment of any 
future application or examination fee. 
(q) Examination Scope. The qualifying ex- 
amination for a SP-SP license shall be based on, 
but not limited to, the following: 

(1) rules contained in the N.C. North 
Carolina State Building Code, ¥eh Vol- 
ume IV Electrical (current edition ef and 
the National Electrical Code, NFPA 70, ) 
which are applicable to installations cov- 
ered by the SP-SP license classification; 
(r) Reactivating Lieonoo. A«y SP SP licensee 
who, d«e t» failur e te- renew ©f becauoo ef oocu 
pational requirements, allowed his lic e ns e te- e#- 
piro, may apply a«4 have his license renewod if 
he furnish e s information satisfactorily verifying 
that during the 12 month period immodiatoly 
preceding the filing ef his application, the appli 
cant's duly qualified representative has been pH- 
marily actively engaged (at least 1,000 hours) m 
electrical contracting ©f swimming pool con 
struction type work. Inactive SP-SP licensees 
or individuals qualified in the SP-SP classifica- 
tion, may apply for and obtain a SP-SP license 
in accordance with the provisions prescribed in 
Sections .1900 and .2000 of this Chapter, and 



NORTH CAROLINA REGISTER 



166 



PROPOSED RULES 



provided said individual has met all other pro- 
visions of this Rule. 

(s) Duly Qualified Btrt Never Obtained a In- 
c e ns e . Any person, ft»» e* corporation who is 
engaged i» a lawful swimming pool construction 
business *h4 who no duly authorised ropresen 
tative took c«4 passed t4** SP SP qualifying »*- 
amination btri- h» license was obtained shall l*e 
eligibl e te apply m+4 obtain a SP SP license - pro 
vid e d t4+e board is furnished information satis 
factonly verifying that, during the 12 month 
period immediately preceding the filing ef hi* 
application, the applicant's d+*iy authorised rep- 
resentative ha* been primarily actively ongaged 
fat- least 1,0 1)1 ) hours) m electrical contracting ef 
swimming pool construction type work. 

fH [s] Duty and Responsibility of SP-SP 
licensee. It shall be the duty and responsibility 
of a licensee holding an electrical contracting li- 
cense in the SP-SP classification to confine his 
electrical contracting work strictly to the scope 
of swimming pool bonding work as prescribed in 
this Rule. 

(«+ (t} Permit: Inspection Requirements. 
Nothing hereing herein shall be construed as su- 
perseding or authorizing the waiver of any state 
or local requirements for permits and inspections 
or any local special construction rules which 
would otherwise be applicable to any work cov- 
ered under the provisions of this Rule. 

Statutory Authority G.S. 87-39; 87-42; 87-43; 
87-43.2; 87-43.3; 87-44; 87-48. 

SECTION .2400 - LICENSING RECIPROCITY 

.2402 RECIPROCITY: SOUTH CAROLINA 

Pursuant to the provisions of Rule .2401 of this 
Section and the formal resolution agreement be- 
tween the board and the South Carolina Licens- 
ing Board for Contractors, licensees of the South 
Carolina Board, who are non-residents of North 
Carolina, are eligible to apply for and obtain a 
North Carolina electrical contracting license and 
North Carolina licensees, who are non-residents 
of South Carolina, are eligible to apply to the 
South Carolina board and obtain a South 
Carolina electrical contracting license in classi- 
fications as prescribed in the following table: 

SOUTH CAROLINA LICENSEE 

Limited 

Intermediate 
Unlimited 

ELIGIBLE FOR NORTH CAROLINA 
LICENSE 



Limited or intermediate 

Limited, intermediate or unlimited 

Limited, intermediate or unlimited 

NORTH CAROLINA LICENSEE 

Limited 



Intermediate 
Unlimited 

ELIGIBLE FOR SOUTH CAROLINA 
LICENSE 

Not eligible for any license: no 
S.C. State license required for 
projects up to $10,000.00 $17,500.00 

Limited or intermediate 

Limited, intermediate or unlimited 

Statutory Authority G.S. 87-39; 87-42; 87-50. 

.2404 RECIPROCITY: FLORIDA 

Pursuant to the provisions of Rule .2401 of this 
Section and the formal resolution agreement be- 
tween the board and the Florida Electrical Con- 
tractors Licensing Board, licensees of the Florida 
board, who are non-residents of North Carolina, 
are eligible to apply for and obtain a North 
Carolina electrical contracting license and North 
Carolina licensees, who are non-residents of 
Florida, are eligible to apply to the Florida board 
and obtain a Florida electrical contracting license 
in classifications as prescribed in the following 
table: 

FLORIDA LICENSEE 

Unlimited 

ELIGIBLE FOR NORTH CAROLINA 
LICENSE 

Unlimited 

NORTH CAROLINA LICENSEE 

Unlimited 

ELIGIBLE FOR FLORIDA LICENSE 

L'nlimited 

Statutory Authority G.S. 87-39; 87-42; 87-50. 



167 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SECTION .2500 - JOINT RESOLUTIONS: 
AGREEMENTS 

.2503 AGREEMENT: ENGINEERING BOARD 

Pursuant to an agreement between the board 
and the North Carolina State Board for Profes- 
sional Engineers and Land Surveyors, the fol- 
lowing definitions and procedures shall apply to 
drawings: 

(1) Design drawing. A design drawing indicates 
the total result to be achieved by an assem- 
bly of various systems. It is the creative 
work of a design professional, prepared with 
the use of special knowledge of the math- 
ematical, physical and engineering sciences 
in order to accomplish a specific function 
and bears the seal of the preparing design 
professional. 

(2) Shop drawing. A shop drawing indicates 
the fabrication, assembly, installation or 
erection of a system's components. It is 
usually prepared by the manufacturer or in- 
stalling contractor for the purpose of con- 
veying to the mechanic the materials and 
construction sequencing procedures to be 
used in achieving the total result called for 
by the design drawings. 

(3) Other drawings. If design drawings are not 
required by any statute, the installing con- 
tractor may prepare preliminary drawings to 
illustrate his proposed installation. 

(4) Other drawings. If design drawings are re- 
quired by a statute for an installation, the 
contractor may prepare preliminary 
drawings to illustrate his proposed installa- 
tion; provided his proposal contains specific 
provisions to assure the awarding authority 
that, if awarded the project, the services of 
a duly registered professional will be em- 
ployed to prepare the required final design 
drawing(s) for the installation proposed and 
that the installation will be constructed in 
accordance with such design drawing(s). 

Statutory Authority G.S. 87-39; 87-42. 

SECTION .2600 - INTERPRETIVE RULINGS 

.2602 INTERPRETIVE RULING: LOW 
VOLTAGE SYSTEMS 

(b) A low voltage wiring system will be 

constued by the board as a system which a 

non-licensee of the board shall be permitted 

to install, maintain, alter or repair if all of 

the following conditions are met: 

(2) The low voltage control circuit and power 

supply is a Class II or Class III system as 

defined in the Nr Gr North Carolina State 

Building Code, Vol. Volume IV Elec- 



trical (curront odition ef and the National 
Electrical Code, NFPA 70; } 

(3) The low voltage wiring system operates 
at a voltage not in excess of 50 volts unless 
the system meets the provisions for 
sound-recording and similar equipment as 
set out in the Nt Gt North Carolina State 
Building Code, V-eh Volume IV Elec- 
trical (current odition e4 and the National 
Electrical Code, NFPA 70; ) 

(4) No part of the installation is in any area 
designated as hazardous by the rVr &• 
North Carolina State Building Code, V-eh 
Volume IV Electrical (curront e dition trf 
and the National Electrical Code, NFPA 
70;* 



Statutory A uthority 
I50B-1I(1). 



G.S. 87-39; 87-42; 



.2606 INTERPRETIVE RILING: JOINT 
VENTURE 

(a) Joint Venture Eligibility. A«y person, fo=f» 
e* corporation not- duly licensed by the board to 
engage ef offer to engage to a given electrical 
contracting project m North Carolina shall be 
eligible to participate i» sato project by entering 
n*to a joint venture agreement with a peroon. 
6fH+ e* corporation duly lic e ns e d by the board to 
engag e e* offer to engage m such project; pro 
vidod that, prior to any aet- »f engaging e* offer 
iftg to engage m the &ai4 project, a& ef the 
following conditions are met: Definition. Joint 
venture shall mean a written agreement entered 
into, prior to any act of engaging or offering to 
engage, between a North Carolina electrical con- 
tractor duly licensed for a given electrical con- 



' i^ L 1 1 1 V. l l^j 1 1 1 u r , 



tracting project and a North Carolina elect ncal 
contractor or an out-of-state electrical contractor 
not duly licensed for said project. 

/ 1 V tja^ ■ Q m< ti^kxiijjj;^ ■ ■ ■ ■ r ■ ' ■ ■ ' * ' ■ ■ ' ' ' 

\ T J II IV TTTTTTT f 1.1 II lit U LlC-J C7C I J I\- I 1 I 

f3} the joint venture agreement is duly e*e- 

cuted e» joint v e nture affidavit agreement 

forms provided by the board a»4 the duly 

executed forms afe furnished to the board 

with copies furnished to the local govern 

mental inspections department having j«- 

risdiotion over the $m4 project. 

(b) Joint Venture In e ligibility After Violation. 

A«y person, fo» &e corporation found to be eft- 

gaging e+ offering to engage to a giv e n electrical 

contracting proj e ct » North Carolina when such 

person, frm* e* corporation is »»t duly licensed 

t . i . 1.-^ i.- r\ . t-i . i 1 1 tut 1^^ _>li| ii l-i|,i| t . k i , a i n t i ■ ^. 1 1 1 i i t-. i t l-i . i 
\\s K1\J \^J . 03 IlLTT I1U I L-'V O LI CJ " 1 \J I \J J V-'lirt W11LUI U 1 1 It- 

sai4 project. North Carolina Electrical Contrac- 
tor. Subject to Rules .1803(c) and .2607(b) of 
this Chapter, a North Carolina electrical con- 



NORTH CAROLINA REGISTER 



168 



PROPOSED RULES 



tractor not dul\ licensed for a given electrical 
contracting project shall be eligible to enter into 
a joint venture agreement as defined in Paragraph 
(a) of this Rule and, provided that the parties to 
the joint venture agreement duly execute said 
agreement on joint venture affidavit -agreement 
forms furnished by the board, return the duly 
executed forms to the board and submit copies 
thereof to the local governmental inspections de- 
partment having jurisdiction over the said elec- 
trical contracting project. 

(c) Out^of^State Electrical Contractor. Subject 
to Rules .lSOi(b) and .2607(a) of this Chapter. 
an out-of-state electrical contractor currently op- 
erating an electrical contracting business in ac- 
cordance with the laws of its home state and not 
dulv licensed for a given electrical contracting 
project m North Carolina shall be eligible to em 
ter into a joint venture agreement as defined in 
Paragraph ( a ) of this Rule and, provided that the 
parties to the joint venture agreement duly exe- 
cute said agreement on joint venture affidavit - 
agreement forms furnished by the board, return 
the dulv executed forms to the bo;jd and submit 
copies thereof to the local governmental in- 
spections department having jurisdiction over the 
said electneal contracting project. 

Statutory Authority G.S. 8^-39; 87-42; 87-43; 
150B-1I(1). 

.2607 INTERPRKTIVE RULING: LICENSE 
INELIGIBILITY AFTER VIOLATION 

(a) Non-licensee. Any person, firm or corpo- 
ration not dulv licensed by the board and found 
to be engaging or offering to engage in a given 
electrical contracting project in North Carolina 
shall be subject to the provisions of G.S. 87-48 
and shall not be eligible to enter into a pint 
venture agreement for the said project. Further- 
more, such person, firm or corporation shall not 
be eligible for a qualifying examination to obtain 
a license, from tke board until such time as the 
board has found that any commitment to the 
said project involving said person, firm or cor- 
poration has been voided and that the given said 
project, if continued, has been awarded to a per- 
son, firm or corporation duly licensed by the 
board to engage or offer to engage in such 
project. 

(b) Licensee. Any licensee of the board found 
to be engaging or offering to engage in a given 
electrical contracting project in North Carolina 
exceeding the project limitations of his said 
licensee's current license shall be subject to the 
provisions of G.S. 87- 4S 47 and shall not be eli- 
gible to enter into a joint venture agreement for 



the said project. Furthermore, such licensee shall 
not be eligible for a qualifying examination to 
upgrade bis said license to a higher classification 
until such time as the board has found that any 
commitment to the said project involving said 
licensee has been voided and that the given said 
project, if continued, has been awarded to a per- 
son, firm or corporation duly licensed by the 
board to engage or offer to engage m such 
project. 



Statutory Authority 
87-48; 150B-11(I). 



G.S. 87-39; 87-42; 87-43; 



.2610 INTERPRETIVE RULING: AUTHORIZED 
LEGAL ACTION BY STAFF 

(a) Pursuant to action of the board on De- 
cember 11, 1980, the following members of the 
board's staff are authorized to act on behalf of 
the board in criminal or civil actions brought 
under the provisions of G.S. 87-48(a) and 
87-48(b): 



(1) 
(2) 



the board's executive director, aft4 
the board field representatives coordinator, 
and 
(3) the board's field representatives. 

(b) Said staff members are authorized to give 
affidavits, act as plaintiffs, verify complaints, sign 
criminal warrants, testify in court or in other 
proceedings, and to perform all other acts as may 
be required in such criminal and civil actions. 

(c) All such acts performed by said staff mem- 
bers prior to December 11, 1980, are ratified and 
affirmed by the board. 

Statutory Authority G.S. 87-39; 87-40; 87-42; 
ISOB-ll(l). 

.2612 INTERPRETIVE RILING: 

DEFINITIONS: DELIVERV/RELATED 
TERMS 

(c) Service Point. The service point in a wiring 
system, defined in Section 230 200 ef the WM- 
Edition ©f the National Electrical Code, NT PA 
70, as the point of connection between the facil- 
ities of the serving utility and the premises wiring, 
is hereby construed to be one and the same as the 
point herein defined as point of delivery. 

(e) Illustrated definitions and application of 
licensing Act. The point of delivery' and service 
point in a wiring svstem and the application of 
the North Carolina Electrical Contracting li- 
censing Act are further defined in the following 
illustration: 

POINT OF DEI I VERY 
NCGS CH. 87. ART. 4 



169 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



SERVICE POINT 
NEC, NFPA 70 



AHEAD 

Wiring on this side is that portion of 
a wiring system for which the electric 
power supplier has the responsibility 
tor the ownership, operation and 
maintenance thereof, including any 
such overhead, underground, inside 
or outside wiring. 

I [CENSE REQUIREMENTS 

Wiring installations on this side are 
expected from the North Carolina 
Electrical Contracting 1 lccnsing Act . 
Parties of interest are referred to the 
North Carolina Licensing Board for 
General Contractors for applicable 
licensing requirements. 

BEYOND 

Wiring on this side is that portion of 
a wiring system for which the con- 
sumer has the responsibility for the 
ownership, operation and mainte- 
nance thereof, including am such 
overhead, und erground, inside or 
outside wiring. 



1 ICENSE REOJJIREMENTS 

Wiring installations on this side are 
covered by the North Carolina Llec- 
trical Contracting I icensing Act and. 



pursuant to the provisions of said act , 
persons, firms or corporations in- 
stalling, maintaining, altering, or re- 
pairing such wiring are required to 
hold an appropriate license issued by 
State Board of Examiners of Elec- 
trical Contractors. 



Statutory Authority 
150B-I1(1). 



G.S. 87-39; 87-42; 



SECTION .2700 - DESCRIPTION OK FORMS: 
CERTIFICATES AND PUBLICATIONS 

.2701 FORMS PROVIDED BY HIE BOARD 

(h) License Applications; Elorida Reciprocity. 



I hese forms are designed for the applicant to 
lurnish essentially the same tvpe of information 



as is provided on the forms described in Para- 
graphs (c). (d) and (f) of this Rule. 

rij (+H Bonding Ability Statement. A bonding 
ability statement form is provided to an applicant 
wishing to obtain a license in either the interme- 
diate or unlimited classification. This form is to 
be completed by a bonding company duly li- 
censed to issue performance bonds in North 
Carolina. The form is designed for the bonding 
company to state its bonding experience with the 
applicant and amount of performance bond the 
bonding company will be willing to issue to ap- 
plicant at the date the form is completed and 
signed. The signer's power te of attorney must 
accompany the bonding ability statement form. 

(]} (*) Certification of Qualified Person. This 
form is provided to any licensee or applicant for 
a license whose qualified person is someone other 
than the licensee or applicant for a license. This 
form is designed for the licensee or applicant for 
a license to certify who will be the qualified per- 
son for the licensee and that the said qualified 
person is, or will be regularly employed by the 
licensee and has, or will have, the specific duty 
and authority to supervise and direct all electrical 
installation, maintenance, alteration or repair of 
any electric wiring, devices, appliances or equip- 
ment done in the name of the licensee. 

(k) (j) Joint Venture Affidavit. This form is 
provided to two or more firms wishing to enter 
into a joint venture contractual agreement for 
electrical contracting projects in North Carolina 
and is required to be filed with the board in any 
case where all of the contractors involved in the 
joint venture are not duly licensed to engage in 
the project on their own. The form is designed 
for the parties involved in the joint venture to 
furnish the fo 

( I) names of the joint venturers; 

name and location of project involved; 
name of duly licensed electrical contractor 
having the duty and authority for super- 
vision in accordance with the Electrical 
Contracting Licensing Act; and 

signatures and titles of joint venturing 
parties, notarized by a duly certified 
notary public. 
(1) fJrf Affidavit Certifying Employee Exception. 
This affidavit form is provided to any licensee 
whose relationship with his employees has been 
challenged and it is alleged that someone other 
than his bona fide employees is engaging in elec- 
trical work under the auspices of his license. The 
form is designed for the licensee to furnish the 
following information: 

(1) That the person in question is employed 
by licensee in the capacity of a mechanic 
(journeyman electrician); 



(2) 
(3) 



(4) 



NORTH CAROLINA REGISTER 



170 



PROPOSED RULES 



(2) The employee receives compensation from 
the licensee which is reasonably related to 
the hours worked, or the work accom- 
plished, by the employee for the licensee; 

(3) The related compensation paid to the 
employee is reported to federal and state 
tax authorities as earnings of the individ- 
ual employee with appropriate deductions 
taken and reported for withholding taxes 
and FICA contributions; 

(4) The employee is clearly covered by 
licensee's worker's compensation insur- 
ance as shown by the inclusion of the 
employee's related compensation on the 
premium audit of the licensee's insurance 
carrier; 

(5) AH work performed by the employee is 
performed under the direction and super- 
vision of a qualified person regularly em- 
ployed by the licensee; and 

(6) Signature and title of submitter, notarized 
by a duly certified notary public. 

Statutory Authority G.S. 87-39; 87-42; 87-43; 
87-43.1; 87-43.2; 87-43.3; 87-43.4; 87-44; 
I50B-11. 

.2702 CERTIFICATES ISSUED 
BY HIE BOARD 

(a) Annual License Certificate. An annual li- 
cense certificate is issued to each eligible licensee. 
This certificate contains the following informa- 
tion: 

(i) name aftd mailing address in which license 
is issued; 

(b) Permanent Pocket Card. A permanent 
pocket identification card is issued to each person 
who has taken and passed the qualifying exam- 
ination for a license. This card contains the fol- 
lowing information: 

(4) date of issuance ef or date examination 
was passed. 

Statutory Authority G.S. 87-39; 87-42; 87-43; 
87-43.1; 87-43.3; 87-43.4; 87-44; 150B-II. 

.2703 PUBLICATIONS AVAILABLE FROM 
THE BOARD 

The following publications are available from 
the board: 

(2) General and special rules, regulations and 
procedures for the implementation of the 
laws applicable to electneal contracting m 
the State of North Carolina; 



(4* Ruloo, regulations and procedures fot the 
qualifying ef applicants em4 issuance) ©f 
olootricol contracting liconsos m the single) 
family detached resid e ntial dwelling classi 
fication, SP SI ' D; 

(4) Spooiol rules, regulations and procedures fef 
the establishment ef spocial restricted eloc 
trical contracting lic e ns e classifications; 

(4* Spooial rules, regulat i ons aw4 procedures fef 
the qualifying ef applicants and issuance e4 
e lectrical contracting licenr . es m the special 
restricted e levator classification, SP LL; 

(6* Special rules, regulations and- procedures fef 
the qualifying ef- applicants and issuance of 
electrical contracting licenses i» the spocial 
restricted class } plumbing and heat in u clas 
sification, SP PH Class h 

f?* Spocial rules, r e gulations and procedures fef 
the qualifying »f applicants and issuanco trf 
electneal contracting licenses » the special 
restricted class H plumbing a«4 heating 
classification, SP PH Class Ik 

(-S* Special rules, regulations and procedures fef 
the qualifying t4 applicants a«d issuance ef 
electrical contracting licenses i» the special 
restricted groundwater pump classification, 
SP WP; 

(-9* Special rul e s, regulations and procedures fef 
the qualifying ef applicants aed issuance »f 
electrical contracting licenses h* the special 
restricted electric s*^» classification, SP LS; 

(40* Sp e cial rules, regulations and procedures 
fof the qualifying of applicants and issuance 
el electrical contracting liconsos » the spe- 
6*4 restricted low voltag e classification, 
SP LV; 

(44* Spocial rulos, regulations and procedures 
h*f the qualifying ef applicants <m4 issuanco 
ef electneal contracting licenses m asy other 
special restricted classifications established 
by- the board; 

(44* (3) Information booklet for persons apply- 
ing to take the qualifying examination for 
an electrical contracting license in the lim- 
ited, intermediate or unlimited classification; 

(44* (4) Current edition »f The National Elec- 
trical Code, NPPA 70, at the current price; 
and 

(44* £5} Volume iV- Hloctncal, The North 
Carolina Building Code, Volume IV Llec- 
tncal, at the current price. 

Statutory Authority G.S. 87-39; 87-42; 87-43; 
87-43.1; 87-43.3; 87-43.4; 87-44; 150B-II. 



171 



NORTH CAROLINA REGISTER 



FINAL RULES 



U pan request from the adopting agency, the 
text of rules will be published in this section. 

W hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
Affected" and the text of the adopted rule 
will not be republished. 

A dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. I SOB, 
Article 2 requiring publication of proposed 
rules. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR 
VEHICLES 

SUBCHAPTER 3D - LICENSE AND THEFT 
SECTION 

SECTION .0200 - MOTOR VEHICLE DEALER 
AND SALESMAN LICENSE 

.0201 REQUIREMENT FOR LICENSE 
(REPEALED) 

History Note: Statutory Authority G.S. 20-1; 
20-52.1; 20-75; 20-79; 20-82: 20-286(6) and 
(15); 20-287; 20-288; 20-290(a); 20-291; 
20-294 through 20-296; 20-301 through 20-305; 
20-305.1 through 20-305.3; 54-4; 55-131; 
66-68; 143B-350(g); 
Eff July 1, 1978; 

Amended Eff. March I, 1982; April 11, 1980. 
Repealed Eff June 1, 1988. 

.0203 LICENSE FEES (REPEALED) 
.0204 DESCRIPTION OF LICENSE 

(REPEALED) 
.0205 CHANGE OF EMPLOYMENT 

(REPEALED) 
.0206 RECORDS (REPEALED) 
.0207 HEARINGS PURSUANT TO ARTICLE 

12 (REPEALED) 
.0208 ILLEGAL LSE OF DEALER PLATES 

(REPEALED) 
.0209 DEALER PLATES LOST OR 

STOLEN (REPEALED) 
.0210 CONDITIONS FOR ISSUING 

TEMPORARY MARKERS BY A 

DEALER (REPEALED) 
.021 1 ISSUANCE OF TEMPORARY MARKER 

RECEIPTS (REPEALED) 



.0212 DEALER'S DELIVERY OF 

PURCHASER'S APPLICATION: 
REGISTRATION (REPEALED) 

History Note: Statutory Authority G.S. 20-1; 

20-39; 20-52.1; 20-68; 20-68 (a); 20-75; 20-79; 

20-79(a)(b); 20-79.1; 20-82; 20-85(5); 

20-87(7); 20-286(6) ( 15); 20-289; 20-290(a); 

20-291; 20-294 through 20-296; 20-297; 20-301 

through 20-305; 20-305.1 through 20-305.3; 

20-347; 

Eff. March I, 1982. 

Repealed Eff. June 1, 1988. 

.0213 RENEWAL OF DEALER PLATES 
(REPEALED) 

History Note: Statutory Authority G.S. 20-39; 
20-66; 20-79; 
Eff. August 1, 1982. 
Repealed Eff. June 1, 1988. 

.0214 CORP. SURETY BONDS: MOBILE 

/MANUFACTURERED HOME DEALERS 
(REPEALED) 

History Note: Statutory Authority G.S. 20-39; 
20-288 (e); 

Eff. December 1, 1982. 
Repealed Eff June I, 1988. 

.0215 ELIGIBIITY FOR LICENSING 

Any person, firm or corporation who upon 
proper application meets the qualifications and 
requirements set out in Article 12 of Chapter 20 
of the North Carolina General Statutes, related 
statutes and regulations contained in Title 19A, 
Subchapter 3D, Section .0200. 

History Note: Statutory Authority G.S. 20-1; 
20-302; 
Eff. June 1, 1988. 

.0216 DEFINITIONS 

(a) Statutory' Definitions: Definitions for 
words and phrases used in these regulations not 
defined in subsection (b) shall be the same as the 
definitions appearing in G.S. 20-286 and G.S. 
20-4.01. 

(b) Administrative Definitions: The following 
words and phrases shall have the meanings listed 
below when used in these regulations: 

(1) "Principal Place of Business" - Means a 
salesroom containing 96 square feet of 
floor space in a permanently enclosed 
building or structure which is separate and 
apart from any living quarters, residence 
or other business and having a separate 
entrance; where any vehicles displayed are 
separate and apart from vehicles of any 



NORTH CAROLINA REGISTER 



172 



FINAL RULES 



other dealer; having displayed thereon or 
immediately adjacent thereto a sign, in 
block letters of not less than 3 inches in 
height on a contrasting background, 
clearly and distinctly designating the trade 
name of the business at which a perma- 
nent business of bartering, trading and 
selling of motor vehicles will be carried on 
as such in good faith and at which place 
of business shall be kept and maintained 
the books, records, and files the Division 
may require as necessary to conduct the 
business at such location. Provided, 
however, the minimum area requirement 
provided for in this paragraph is not ap- 
plicable to any established place of busi- 
ness lawfully in existence and duly 
licensed on or before January 1, 1978. 

(2) "Supplemental Location" - Any improved 
or unimproved lot that is not immediately 
adjacent to the principal place of business 
at which a permanent business of 
bartering, trading and selling motor vehi- 
cles will be carried on as such in good 
faith and which is located within the rele- 
vant trade area of the applicant dealer as 
defined by G.S. 20-286(13b). A supple- 
mentary lot must have displayed thereon 
a sign in block letters not less than 3 
inches in height on a contrasting back- 
ground, clearly and distinctly designating 
the trade name of the business and the 
address and telephone number of the 
principal place of business. Supplemental 
locations must operate in exactly the 
same name as the principal place of busi- 
ness and only vehicles owned by or law- 
fully consigned to the principal place of 
business may be offered for sale at sup- 
plemental locations. 

(3) "Suspension" - The temporary withdrawal 
of a license issued by the Division of 
Motor Vehicles to a motor vehicle dealer, 
manufacturer, factory branch, distributor, 
wholesaler or their salesman or represen- 
tative for a definite period. 

(4) "Revocation" - The termination of a li- 
cense issued by the Division of Motor 
Vehicles to a motor vehicle dealer, man- 
ufacturer, factory branch, distributor, 
wholesaler or their salesman or represen- 
tative. 

History Note: Statutory Authority G.S. 20-1; 
20-302; 
Eff. June I. 19SS. 

.0217 APPLICATION FOR LICENSE 



(a) Applications for all licenses required by the 
Dealers and Manufacturers Licensing Act shall 
be made on forms furnished by the Division and 
signed by the Owner, partner or proper officer 
of a corporation and filed with the Enforcement 
Section, N. C. Division of Motor Vehicles; 
Raleigh, North Carolina 27697, accompanied by 
the necessary fees; provided, the Division shall 
not issue a motor vehicle dealer license to a new 
motor vehicle dealer unless or until the applicant 
has satisfied the Division that a distributor or 
manufacturer has awarded the applicant a fran- 
chise to sell new motor vehicles in the relevant 
market area for which a license is sought. The 
Division shall not issue a supplemental license 
for any location where such location is outside 
the trade area, or such location is of a distance 
from the principal place of business that the re- 
cords and files are not immediately available to 
transfer ownership of vehicles sold or traded at 
such location. The Division shall not issue more 
than one supplemental license per location and 
only one dealer may locate on each supplemental 
lot. 

(b) The application and renewal for license to 
do business as a manufacturer, factory branch, 
distributor, wholesaler, dealer, or dealer supple- 
mental must be signed by the owner, partner or 
an officer of the corporation. The application for 
license as a motor vehicle salesman, distributor 
or factory representative must be certified by the 
owner, partner, or an officer of the corporation. 

(c) /Ml applications for dealer licenses must ac- 
curately describe the physical location of the 
business such as: street number, street name, 
city, state and zip code. If a post office box or 
rural route is used, the above information must 
also be included. It is not permissible to have a 
mailing address different from the actual location 
of the business. 

(d) Each applicant before being approved for 
license as a motor vehicle dealer, manufacturer, 
distributor, wholesaler or factory branch shall 
furnish a corporate surety bond; cash bond or 
fixed value equivalent thereof in the amount of 
fifteen thousand dollars ($15,000) for each prin- 
cipal place of business and an additional five 
thousand dollars ($5,000) for each additional or 
supplemental location. This bond shall remain 
in force and effect so long as the licensee remains 
in business. When a cash bond or equivalent 
thereof is filed with the Division, same shall re- 
main in effect for a period of four years after ter- 
mination of business. The name and address 
appearing on the bond must be exactly as shown 
on dealer application. 

(e) The Division must have evidence of an as- 
sumed name being filed with the Register of 
Deeds in the county in North Carolina where the 



173 



\ORTH CAROLINA REGISTER 



FINAL RULES 



business is maintained when such business is 
operated under any designation, name or style 
other than the real name of the owner or owners 
thereof or under its corporate name. After this 
filing when there is a change of name and/or 
ownership, such must be filed with the Register 
of Deeds and evidence of this change being filed 
furnished to the Division of Motor Vehicles. 

(f) A foreign corporation must procure a cer- 
tificate of authority from the North Carolina 
Secretary of State before being licensed to operate 
in this State under the Dealers and Manufactur- 
ers Licensing Law, and written proof of same 
provided to the Division. 

(g) Before a North Carolina corporation can 
be licensed under the Dealer and Manufacturers 
Licensing Law, articles of incorporation must 
have been filed with the North Carolina Secretary 
of State, and written proof of same provided to 
the Division. 

(h) Before the Division can issue a dealer's li- 
cense the dealership is required to be in compli- 
ance with all state, county and municipal zoning 
ordinances or regulations, and written proof of 
same provided to the Division. 

(i) Prior to issuance of a dealer's license the 
applicant must purchase all required state and 
local "Traders" licenses, and written proof of 
same provided to the Division. 

(j) License fees for each fiscal year, or part 
thereof, shall be as provided under G.S. 20-289; 
provided no license shall be issued until the fees 
for license required by G.S. 20-79 have been paid 
to the Division. 

(k) Upon receipt of application for any license 
required by the Dealers and Manufacturers Li- 
censing Act, the Commissioner shall cause an 
investigation to be made to determine whether 
the applicant meets the requirements of law for 
licensing as a motor vehicle dealer, manufacturer, 
factory branch, distributor, wholesaler, motor 
vehicle salesman, factory representative or dis- 
tributor branch representative, and this shall in- 
clude the inspection of the proposed location, 
applications and other required documents by an 
agent of the Lnforcement Section. 

(1) When applicant for license under this sec- 
tion is approved, based upon the application and 
the results of investigation made, the applicant 
will be issued license subject to the following 
limitations: 

(1) A license issued under the Motor Vehicle 
Dealers and Manufacturers Licensing Act 
shall be valid until suspended, revoked or 
expired. License must be at all times 
conspicuously displayed at the place des- 
ignated therein. 

(2) Any motor vehicle dealer, manufacturer, 
factor)' branch, distributor, or wholesaler 



who moves his place of business from the 
location for which license was issued shall 
immediately notify the Lnforcement Sec- 
tion, North Carolina Division of Motor 
Vehicles, of such change of location and 
shall not engage in the business of buying, 
selling, trading or manufacturing motor 
vehicles until the new location has been 
inspected and approved by an agent of the 
Division and the necessary form and ad- 
ditional fees, if any, have been submitted 
to the Division. 

(3) License issued pursuant to this Article 
shall not be assignable and shall be valid 
only for the owner, or owners in whose 
name or names they are issued and for 
transaction of business only at place des- 
ignated therein. If individual, partnership 
or proprietorship should incorporate, new 
fees are due. 

(4) The Division shall be notified when there 
is a change of name and licensee shall 
produce evidence that a bond as required 
by G.S. 20-288(e) is in effect. 

(m) The Commissioner shall deny the applica- 
tion for any license under the Motor Vehicle 
Dealers and Manufacturers Licensing Act of any 
applicant who fails to meet the qualifications set 
out in Article 12 of Chapter 20 of the North 
Carolina General Statutes. Upon denial, appli- 
cant: 

( 1 ) Will be notified by certified mail within 
30 days from denial of license, directed to 
the address shown by applicant on appli- 
cation form. 

(2) Upon request, will be afforded a hearing 
by the Commissioner of Motor Vehicles 
as required under provisions of G.S. 
20-295; applicant must file request for 
hearing allowed by this section within 
thirty (30) days of denial of license. 

(n) Every motor vehicle salesman who engages 
in business in this State as such must obtain a 
license. Applicants for a motor vehicle sales- 
man's license shall be subject to the following 
provisions: 

(1) A salesman, factory representative, or dis- 
tributor representative, must be employed 
by a motor vehicle dealer, manufacturer, 
factory branch, distributor or wholesaler. 

(2) All applications for salesmen, factory rep- 
resentative, and distributor representative 
licenses must be made on forms furnished 
by the Division. Each application must 
be signed by the applicant and endorsed 
by the employer or employers. 

(3) All salesmen, factory representative, and 
distributor representative licenses shall be 
valid until suspended, revoked, or expira- 



NORTH CAROLINA REGISTER 



174 



FINAL RULES 



tion, or until employment as a salesman, 
factor*' representative or distributor repre- 
sentative is terminated. 
(4) All salesmen, factory 1 representatives, and 
distributor representatives shall at the time 
of changing employment return his license 
and make application to the Division on 
forms furnished by the Division designat- 
ing the name and address of the new em- 
ployer and must be signed by the 
applicant and endorsed by the employer 
or employers. 
There is no fee for change of employment in 
the same category, however, the purchase 
of a new license would be required for the 
following changes: Factory representative 
to distributor representative or vice versa. 
Distributor representative to motor vehicle 
salesman or vice versa. Motor vehicle 
salesman to factory representative or vice 
versa. 

Histon Sote: Statutory Authority G.S. 20-1; 
20-52.1; 20-75; 20-79; 20-S2; 20-286(6) and 
(15); 20-287; 20-288; 20-290(a); 20-291; 
20-294 through 20-296; 20-301 through 20-305; 
20-305.1 through 20-305.3; 54-4; 55-1 31; 66-68; 
143B-550(g); 
Eff. June I. 1988. 

.0218 DESCRIPTION OF LICENSE 

(a) Every license issued to a dealer, manufac- 
turer, factory branch, distributor, or wholesaler 
must show the name of the business, location, 
license number and expiration of license. 

(b) Every license issued to a salesman, factory 
or distributor representative must show his name 
and address, name of his employer and expiration 
date. 

(c) Every dealer and manufacturer plate must 
show a distinctive number, the name of this 
State, the year it was issued for and a distin- 
guishing symbol or word showing that the plate 
or plates arc issued to a dealer or manufacturer. 

(d) Every motor vehicle manufacturer or motor 
vehicle dealer shall, on or before the 30th day of 
June in any calendar year, apply for and obtain, 
upon payment of proper fees, the license and 
number plates required by G.S. 20-79. 

History Sote: Statutory Authority G.S. 20-1; 
20-79; 20-290 (a); 20-291; 
Eff. June I. 1988. 

SECTION .0200 - MOTOR VEHICLE DEALER 
AND SALESMAN LICENSE 

.0219 BLSINESS RECORDS 



(a) All motor vehicle dealers, manufacturers, 
factor)' branches, distributors and wholesalers 
shall keep a record for at least four years of all 
vehicles manufacturers, received, sold, traded or 
junked. In addition to these records, a copy of 
an odometer disclosure form, completed with the 
information required by law from the seller and 
a copy of an odometer disclosure form, com- 
pleted with the information required by law, 
given to the purchaser. 

(b) Additional records required under this sec- 
tion shall include: 

(1) Make, body style, vehicle identification 
number, and year model. 

(2) Name of person, firm or corporation from 
whom acquired. 

(3) Date vehicle purchased or manufactured. 

(4) Name of person, firm or corporation to 
whom sold or traded. If vehicle junked, 
date, name and address of person, firm or 
corporation to whom frame, motor and 
body sold. 

(5) Date vehicle sold or traded. 

(6) Copy of bill of sale (written statement). 

(c) All records required to be maintained in 
paragraphs (a) and (b) shall be kept and main- 
tained for every vehicle purchased or sold and 
shall be kept so as to be readily available for in- 
spection upon demand from an authorized agent 
of the North Carolina Division of Motor Vehi- 
cles in order that the ownership of any vehicle 
purchased or sold can be traced. 

(d) Manufacturer's Certificates of Origin and 
title for all vehicles owned by a motor vehicle 
dealer, manufacturer, factory branch, distributor 
or wholesaler must be immediately available to 
assign to the purchaser. 

(e) Retail installment sales must be made in 
accordance with G.S. 20-303. Cash sales may 
be made by proper endorsement and delivery of 
the title to the purchaser and any other receipt 
that the purchaser and seller agree upon. 

(f) Pursuant to 16 CER 455.2 a dealer shall not 
willfully remove the "Monroney Label" or 
sticker from a new motor vehicle that is displayed 
for sale. The "Monroney Label" must be affixed 
to the new vehicle at the time of sale to the ulti- 
mate purchaser. 'Ultimate Purchaser" means 
the first person, other than a dealer purchasing in 
his capacity as a dealer, who in good faith pur- 
chases a new automobile for purposes other than 
a resale. 

(g) Pursuant to 15 L'SC Sec. 1231 every dealer 
offering used cars for sale shall post buyers guides 
with warranty information as required by the 
federal Trade Commission and same shall be 
displayed at the time of sale. 



175 



NORTH CAROLINA REGISTER 



FINAL RULES 



History Note: Statutory Authority G.S. 20-1; 
20-52, 20-75; 20-79 (a) and (b); 20-82; 
20-286(6) and (15); 20-297; 20-302; 20-303; 
20-347; 
Eff. June 1, 1988. 

.0220 INSPECTION AND INVESTIGATION 

(a) The Division may make periodic in- 
spections of premises and records of licensee. 

(b) All bona fide compliants received in writing 
by the Commissioner about any person, firm or 
corporation licensed under Article 12 of Chapter 
20 shall be investigated for the purpose of deter- 
mining whether there has been a violation of that 
Article, Article 15 or these rules. 

(c) The Division shall also conduct an investi- 
gation when it has reasonable grounds to believe 
there has been a violation of Chapter 20 or these 
rules. 

History Note: Statutory Authority G.S. 20-1; 
20-49; 20-297; 20-302; 
Eff June 1. 1988. 

.0221 CONDITIONS FOR ISSUING 

TEMPORARY MARKERS BY A DEALER 

(a) Ownership in the vehicle must pass from 
the dealer to the purchaser by assigning the title 
or Manufacturer's Certificate of Origin and by 
delivering the vehicle to the buyer. 

(b) Dealer has obtained from purchaser an ap- 
plication for registering and titling of the pur- 
chased vehicle. 

(c) Dealer has collected all prescribed fees for 
titling and registering the vehicle. 

(d) Dealer has certification (Form FR-2) certi- 
fying liability insurance in effect. 

(e) Exception: 

The only exception to the above rules b 
and c is when the dealer is selling the vehi- 
cle to an out-of-state purchaser and the 
vehicle is to be removed from the State of 
North Carolina to the purchaser's home 
state prior to the expiration of the 30-day 
temporary registration marker. Form 
FR-2 (Insurance Certification) shall be 
completed and kept by the dealer as part 
of his records. 

(f) Issuance of 30-day temporary marker: 

(1) All 30-day temporary markers shall be is- 
sued in numerical order, beginning with 
the lowest number of the set or sets. 

(2) The vehicle identification number, the 
make, the issuance date, and the expira- 
tion date shall be entered clearly and 
indelibly on the face of the temporary 
marker. 



(3) A receipt, which corresponds in number 
with the 30-day temporary marker, shall 
be issued. 

(4) The receipt shall be completed in dupli- 
cate, with pen and ink, and must be read- 
able. 

(5) The white copy of the receipt, with the 
30-day marker, shall be delivered to the 
purchaser. The pink copy is to be re- 
tained in the book by the issuing dealer 
for at least one (1) year. 

(6) All documents necessary to title and reg- 
ister the vehicle shall be presented to a li- 
cense plate agency or mailed to the North 
Carolina Division of Motor Vehicles on 
the date of issuance. (EXCEPTION): 
When the purchaser is a nonresident, a 
30-day temporary marker may be issued 
to the nonresident for the sole purpose of 
removing the vehicle to his home state, 
provided the customer has in effect liabil- 
ity insurance with a company licensed in 
North Carolina. The dealer is neither re- 
quired to obtain from such nonresident a 
written application for North Carolina 
registration nor to collect the North 
Carolina registration fees. However, 
Form FR-2 should be completed and 
kept by the dealer as part of his records. 
If a plate is to be transferred, a 30-day 
temporary marker cannot be issued. Re- 
cord the information on the report sheet 
in the back of receipt book. 

(7) All 30-day temporary markers and/or re- 
ceipts that are voided shall be marked 
"voided" and recorded on the report 
sheet. The white copy of the receipt and 
the 30-day temporary marker shall be 
forwarded to the North Carolina Division 
of Motor Vehicles Enforcement Section 
together with the report sheets. Receipts 
and 30-day temporary markers that do not 
match shall be returned to the Division 
after recording on report sheet. The re- 
ceipt is not to be altered. 

(8) Only one (1) 30-day temporary marker 
may be issued per vehicle per sale. 

(9) Upon issuance of all receipts (Markers) in 
each receipt book, the report sheet must 
be completed in duplicate and the original 
mailed to the Division. A copy of the 
report sheet must be retained by the 
Dealer for one (1) year. 

History Note: Statutory Authority G.S. 20-39; 
20-79.1; 
Eff. June 1, 1988. 

.0222 DEALER'S DELIVERY OF 



NORTH CAROLINA REGISTER 



176 



FINAL RULES 



PURCHASER'S APPLICATION: 
REGISTRATION 

The Division's copy of the temporary' marker 
receipt should be attached to the purchaser's ap- 
plication for title and license and submitted with 
other necessary documents to the Division within 
four working days of issuance. If the purchaser 
is a nonresident, the Division's copy of the tem- 
porary marker receipt must be sent without ap- 
plication for North Carolina title and license to 
the Division within four working days of issu- 
ance. 

History Note: Statutory Authority G.S. 20-39; 
20-79.1; 
Eff. June I, I9S8. 

.0223 DEALER PLATES 

Application for plates must be signed by owner, 
partner or officer of the corporation. Lost or 
stolen dealer plates must be reported to the Di- 
vision of Motor Vehicles in writing. To replace 
such plates, complete the appropriate form and 
a replacement fee of nine dollars ($9.00) for each 
plate. Dealer plates issued to the principal place 
of business are valid for use at supplemental lo- 
cations. No dealer plates will be issued specif- 
ically for supplemental locations. 

History Mote: Statutory Authority G.S. 20-39; 
20-68; 20-85(5): 
Eff. June I, 1988. 

.0224 ILLEGAL USE OF DEALER PLATES 

(a) It is illegal to use dealer plates on vehicles 
operated for any other business that the dealer is 
engaged in. The sale of farm machinery, not in- 
cluding farm tractors, is considered another busi- 
ness and delivery of farm machinery by motor 
transport' is not permitted with dealer plates. 

(b) Parts trucks used in delivering parts to other 
sales outlets may use dealer plates only if the sale 
of parts is incident to the dealer business. A 
parts business that is separate and apart from the 
dealership cannot use dealer plates. 

(c) It is illegal to use dealer plates on vehicles 
that are not owned by the dealer. 

(d) It is illegal to use dealer plates for personal 
use of dealers, dealers families or employees. 

(e) It is illegal to use dealer plates on wreckers 
used for general wrecker service or on wreckers 
which move vehicles on a rotation basis at the 
request of state or local law enforcement author- 
ities. It is permissible to use a dealer plate on 
wreckers which tow vehicles for the dealer's cus- 
tomers onlv. 



History Sote: 
G.S. '20-79; 



Statutory Authority G.S. 20-39; 



Eff. June 1, 1988. 

.0225 VEHICLES OFFERED FOR SALE 
OWNED BY DEALERSHIP 

No vehicle shall be sold or offered for sale or 
trade by any motor vehicle dealer, manufacturer, 
factory branch, distributor or wholesaler until 
said motor vehicle dealer, manufacturer, factory 
branch, distributor, or wholesaler has in his pos- 
session a certificate of title or manufacturers cer- 
tificate of origin or same is immediately available 
to complete transfer of ownership to the 
consumer-purchaser. 

History Note: Statutory Authority G.S. 20-39; 
G.S. 20-79; 
Eff. June /, 1988. 

.0226 VEHICLES OFFERED FOR SALE 
ON CONSIGNMENT 

(a) Any dealer offering a vehicle for sale that is 
on consignment from a manufacturer, distribu- 
tor, factory branch, distributor branch, whole- 
saler, or an individual shall have in his possession 
a consignment contract for each vehicle, executed 
by both parties. 

(b) The consignment contract shall consist of 
the following: 

(1) The effective dates of the contract. 

(2) The complete name, address, and the 
telephone number, if available, of the 
owner. 

(3) A complete description of the vehicle on 
consignment, including the make, model, 
body style, year, and vehicle identification 
number. 

(4) The listing charges. 

(5) The percentage of commission or the 
amount of the commission the dealer is 
to get if the vehicle is sold. 

(6) The "after termination" clause shall not 
exceed 30 days. 

(c) Any dealer offering a vehicle for sale on 
consignment must tell the prospective customer 
that the vehicle is on consignment unless the 
dealer is going to take ownership of the vehicle 
by completing a re-assignment on the title docu- 
ments. 

(d) Dealer plates cannot be used to demon- 
strate a vehicle on consignment. The consignee's 
plate may be used if liability insurance is in effect. 

(e) In addition to a consignment contract, the 
dealer shall have in his possession an equipment 
listing of the vehicle, consisting of, but not lim- 
ited to, the following: 

(1) Owners name and address. 

(2) Complete description of the vehicle which 
shall include the year, make, model, body 
style, color, odometer reading, special or 



/" 



NORTH CAROLINA REGISTER 



FINAL RULES 



extra equipment, and the disclosure of 
known defects. 
(3) The vehicle must display a current safety 
inspection certificate. 

(f) The ownership documents of any vehicle 
on consignment must be made available to any 
authorized agent of the North Carolina Division 
of Motor Vehicles on request. The ownership 
documents must be readily available from the 
owner. 

(g) The owner must execute the ownership 
documents and deliver them to the purchaser at 
the time the vehicle is delivered. 

History Note: Statutory Authority G.S. 20-302; 
Eff. June 1, 1988. 

.0227 VEHICLES OFFERED FOR SALE 
ON A FLOOR PLAN LIEN 

(a) Any dealer offering a vehicle for sale that 
has a floor plan lien on it shall at the time of sale, 
satisfy the floor plan lien and obtain the title 
from the floor plan lienholder, execute the title 
documents and deliver them to the purchaser or 
the lienholder as required by G.S. 20-72 at the 
time the vehicle is delivered. 

(b) Manufacturers Certificate of Origin and ti- 
tles may be retained by the floor plan lienholder 
so long as the Manufacturers Certificate of Origin 
and/or titles are located within the boundaries of 
North Carolina; provided the dealer has in pos- 
session, available for inspection, an invoice from 
the manufacturer or distributor and a floor plan 
disclosure form completed, dated and signed by 
both parties. 

History Note: Statutory Authority G.S. 20-302; 
Eff. June 1, 1988. 

.0228 BILL OF SALE -WRITTEN 
DOCUMENTATION 

Every motor vehicle dealer, manufacturer, fac- 
tory branch, distributor or wholesaler at the time 
of sale or trade shall provide to the buyer in 
writing the applicable information listed below 
which may be on a bill of sale, buyer's order, fi- 
nancial statement or combination thereof. Each 
form must be completed in duplicate, signed by 
the buyer and seller, and the original or copy 
provided to the buyer and a copy of original re- 
tained by the dealer for four (4) years. Such 
documents shall include: 

(1) Name and address of person, firm or cor- 
poration to whom vehicle sold or traded. 

(2) Date of sale or trade. 

(3) Name and address of motor vehicle dealer, 
manufacturer, factory branch, distributor or 
wholesaler selling or trading vehicle. 



(4) Make, body style, vehicle identification 
number and year model. 

(5) Sale price of vehicle. 

(6) Amount of cash down payment made by 
the buyer. 

(7) Description of any vehicle used as a 
trade-in and the amount credited the buyer 
for sale trade-in. (Description of trade-in 
shall be the same as outlined in (d) above.) 

(8) Amount of finance charge, if any, and in- 
terest. 

(9) The cost of insurance to the buyer, if any, 
and an explanation of the type and amount 
of coverage. 

(10) Any investigation charges, service charges 
or any other charge or charges not included 
in previous items. The purpose of each 
charge must be specified. 

(11) Net balance due from the buyer. 

( 1 2) The amount of each payment and the time 
and schedule of deferred payment and to 
whom payments are to be made. 

(13) Bill of sale must be signed by both the 
seller and buyer. 

History Note: Statutory Authority G.S. 20-39; 
Eff June 1, 1988. 

.0229 CORP. SURETY BONDS: MOBILE/ 
MANUFACTURED HOME DEALERS 

A motor vehicle dealer who is engaged in the 
principal business of selling mobile or manufac- 
tured homes (as defined in G.S. 143-143.9) and 
who also sells other motor vehicles as an incident 
to this principal business, shall either: 

(1) furnish to the Division a corporate surety 
bond, cash bond, or fixed equivalent thereof 
pursuant to G.S. 20-288(e); or 

(2) furnish to the Division a copy of the bond 
that the dealer has furnished to the North 
Carolina Manufactured Housing Board, 
pursuant to G.S. 143-143.12, a corporate 
surety bond which includes the condition 
that the obligor will faithfully conform to 
and abide by the provisions of Article 12 of 
North Carolina General Statutes Chapter 
20. 

History Note: Statutory Authority G.S. 20-39, 
20-288(e); 
Eff. June 1, 1988. 

.0230 SUSPENSION: REVOCATION AND 
RENEWAL REFUSED 

(a) Suspension: Any person, firm or corpo- 
ration whose license is suspended shall: 

(1) Surrender all licenses and license plates 
(dealer, manufacturer or temporary 
marker) to the Division and not engage in 



NORTH CAROLINA REGISTER 



178 



FINAL RULES 



the business of buying, selling, trading or 
manufacturing motor vehicles while li- 
cense is suspended. 
(2) Reinstatement: At the termination of pe- 
riod of suspension, license, license plates 
and temporary markers will be returned 
to licensee upon payment of necessary 
fees, if any. If no fees are due, license, li- 
cense plates and temporary markers will 
be returned to licensee upon request; if 
fees are due, licensee shall be notified prior 
to date of termination of suspension. 

(b) Revocation: 

(1) Any person, firm or corporation whose 
license has been revoked shall surrender 
all licenses, license plates (dealer, man- 
ufacturer and temporary marker) to the 
Division and not engage in the business 
of buying, selling, trading, or manufactur- 
ing motor vehicles until new license and 
license plates have been obtained. 

(2) New license required: 

(A) Where a license has been revoked, a 
new license must be obtained before car- 
rvina on any activity covered by Artical 
12 of Chapter 20. 

(B) The procedure for obtaining a new li- 
cense after revocation shall be the same 
as that for obtaining an original license 
except that application shall have noted 
on the face thereof by applicant the fact 
that poor license has been revoked and 
the date of such revocation. 

(C) Where dealer or manufacturer's license 
plates have been revoked, the procedure 
for obtaining new plates shall be the same 
as that for obtaining original license 
plates. 

(c) Renewal refused: Any person, firm or 
corporation whose renewal application for license 
has been refused must surrender all license plates 
to the Division for cancellation. 



Statutory Authority G.S. 20-1; 



History Sote 
20-302; 
Eff. June 1. I9SS 



.0231 HEARINGS PURSUANT TO ARTICLES 
12 AND 15 OF CHAPTER 20 

(a) The following shall be applicable to 
hearings requested under G.S. 20-296: 

(1) No license issued under tins .Article shall 
be suspended, revoked or renewal refused 
until a hearing has been had before the 
Commissioner or a person designated by 
him and license shall have been notified 
in writing 10 days prior to such hearing 
by certified mail to his last known address 
as shown by records of the Division. 



Provided, however, if a licensee fails to 
maintain a bond as required by G.S. 
20-2SS(e) or fails to purchase dealer li- 
cense plates as required by G.S. 20-79, the 
Division shall cancel the dealer's license 
subject to the provision that the licensee 
shall be granted a hearing if requested in 
writing within 10 days after the date of 
cancellation of such license. 

(2) Hearing shall be held at a place designated 
by the Commissioner. 

(3) The licensee shall be advised of the deci- 
sion of the Commissioner in writing by 
certified mail within thirty (30) days of the 
decision to his last known address as 
shown by records of the Division. 

(4) The decision of the Commissioner or his 
duly authorized representative, after hear- 
ing, shall be final and appeal therefrom 
shall be as provided in Chapter 150B of 
the North Carolina General Statutes (G.S. 
20-300). 

(b) Except as otherwise provided, the North 
Carolina Rules of Civil Procedure will be appli- 
cable to hearings requested under N.C.G.S. 
20-304 through 20-305.4. 

(1) Action shall be initiated by the filing of a 
petition with the Commissioner of Motor 
Vehicles, North Carolma Division of 
Motor Vehicles, Raleigh. N. C. 27697, 
who shall serve a copy thereof on the af- 
fected manufacturer by certified mail (re- 
turn receipt requested) with notice that 
such manufacturer should reply to the 
subject petition of the dealer within thirty 
(30) days unless enlargement of time to 
fde a reply is requested and allowed by the 
Commissioner. 

(2) Petitioner and replies: 

(A) The form of the petition shall be the 
same as that required for filing of petitions 
in the superior court and there shall be 
attached thereto a copy of the franchise 
agreement between the dealer and man- 
ufacturer. 

(B) The form of the reply to the petition 
shall be the same as required for the filing 
of a reply to a petition in the superior 
court and there shall be attached thereto 
a copy of the franchise agreement between 
the manufacturer and dealer. 

(C) Exhibits and supporting documents 
shall be attached to the petition or reply 
at the lime of filing. 

(3) The hearing shall be held at a place desig- 
nated by the Commissioner upon twenty 
(20) days written notice to both the 
petitioner and respondent. 



r9 



NORTH CAROLINA REGISTER 



FINAL RULES 



(A) It shall be the obligation of the parties 
involved to have present at any hearing 
all witnesses which the parties desire to 
be heard. 

(B) The parties shall be advised of the de- 
cision of the Commissioner in writing by 
certified mail to the addresses as shown in 
the pleadings filed in the action. 

(4) The decision of the Commissioner or his 
duly authorized representative after hear- 
ing shall be final and appeal therefrom 
shall be as provided in Chapter 150B of 
the North Carolina General Statutes (G.S. 
20-300). 
(c) If license is cancelled due to licensee's failure 
to maintain a bond as required by G.S. 20-288(e) 
or failure to purchase dealer license plates as re- 
quired by G.S. 20-79, then the licensee may have 
a hearing if requested in writing within 10 days 
after the license cancellation. 

History Note: Statutory Authority G.S. 20-1; 
20-294 through 20-296; 20-301 through 20-305; 
20-305.1 through 20-305.3; 
Eff. June 1, 1988. 

SECTION .0800 - SAFETY RULES AND 
REGULATIONS 

.080 1 S A F EI V O F O P E R AT I O N AN D 
EQUIPMENT 

(a) The rules and regulations adopted by the 
U.S. Department of Transportation relating to 
safety of operation and equipment (49 CFR 
Parts 390-398 - formerly Parts 290-298 - and 
amendments thereto) shall apply to all for-hire 
motor carrier vehicles engaged in interstate com- 
merce and intrastate commerce over the high- 
ways of the State of North Carolina, whether 
common carriers, contract carriers or exempt 
carriers. 

(b) The rules and regulations adopted by the 
U.S. Department of Transportation relating to 



safety of operation and equipment (49 CFR 
Parts 390-398 and amendments thereto) shall 
also apply to all private motor carriers engaged 
in the transportation of hazardous waste and ra- 
dioactive waste in interstate and intrastate com- 
merce over the highways of the State of North 
Carolina. 
(c) The rules and regulations adopted by the 
U.S. Department of Transportation relating to 
safety of operation and equipment (49 CFR 
Parts 390-398 and amendments thereto) shall 
apply to all private motor carrier vehicles on the 
highways of the State of North Carolina used in 
commerce to transport passengers or cargo: 

(1) if such vehicle has a gross vehicle weight 
rating of ten thousand pouncs or more; 
or 

(2) if such vehicle is used in the transportation 
of materials found to be hazardous in ac- 
cordance with the Hazardous Materials 
Transportation Act as amended Title 49, 
Code of Federal Regulations. 

49 CFR Part 395.3(b) shall not apply to any 
private motor carrier engaged in a seasonal en- 
terprise whenever any current 7 or 8 consecutive 
days, as defined by Part 395.2 (c) and (d), has 
been preceded by any 24-hour off-duty period as 
defined by Part 395.2(e) and the driver is on duty 
within a radius of 100 air miles of the point at 
which he reports for duty; and provided the 
driver has not been on duty more than 70 hours 
in any 7 consecutive days or more than 80 hours 
in any 8 consecutive days. 49 CFR Part 391.11 
(b) (1), (b) (2), and (b) (6) shall not apply to 
drivers employed by private motor carriers who 
hold a valid North Carolina Driver's License as 
of June 1, 1988, or until such time that Part 383 
(The Commercial Motor Vehicle Safety Act of 
1986) shall be adopted by North Carolina. 

History Note: Statutory Authority G.S. 20-384; 
Eff. December I, 1983; 
Amended Eff. June I, 1988. 



NORTH CAROLINA REGISTER 



ISO 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROITNA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 I^abor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

♦21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Housing Finance Agency 

25 State Personnel, Office of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture. Board of 

4 Auctioneers, Commission for 

6 Barber Examiners. Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Llectrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial and Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



ISl NORTH CAROLINA REGISTER 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary' Medical Board 



NOR TH CAROLINA REGIS TER 182 



CUMULA TIVE INDEX 



CUMULATIVE INDEX 

(April 1988 - March 1989) 



1988 - 1989 

Pages Issue 

1-25 1 - April 

26-108 2 - April 

109 - 118 3- May 

119 - 145 4- May 

146-184 5 -June 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

IDE - Einal Decision Letters 

ER - Einal Rule 

GS - General Statute 

.10 - Judicial Orders or Decision 

I R A - I ist of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMINISTRATION 

Youth Advocacy and Involvement Office, 148 PR 

ADMINISTRATIVE HEARINGS 

Hearings Division. 76 PR 

COMMERCE 

Milk Commission, 120 PR 

CRIME CONTROL AND PUBLIC SAFETY 

.Alcohol Law Enforcement, 47 PR 

ELECTIONS 

State Board of Elections, 120 PR 

EXECUTIVE ORDERS 

Executive Orders 68-71, 1 EO 

72,119 EO 

73. 146 EO 

FINAL DECISION LETTERS 

Yotina Riahts Act, 5 EDL. 26 FDL 



183 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



HUMAN RESOURCES 

Drug Commission, 1 13 FR 

Health Services, 7 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR 

Office of the Secretary, 31 PR 

Social Services Commission, 27 PR 

INDEPENDENT AGENCIES 

Housing Finance, 21 PR, 134 PR 

INSURANCE 

Fire and Casualty, 32 PR 

Fire and Rescue Services Division, 122 PR, 149 PR 

LICENSING BOARDS 

CPA, 73 PR 

Examiners of Flectrical Contractors, 151 PR 

Hearing Aid Dealers, 77 FR 

LIST OF RULES AFFECTED 

April 1, 1988, 102 ERA 
May 1, 1988, 137 LRA 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 11 PR, 67 PR 

Community Assistance, 69 PR 

Forest Resources, 68 PR 

Marine Fisheries, 62 PR 

Soil and Water Conservation, 1 1 1 PR 

Wildlife Resources, 1 1 1 PR 

REVENUE 

License and Excise Tax, 1 13 FR 

SECRETARY OF STATE 

Securities Division, 125 PR 

STATE PERSONNEL 

State Personnel Commission, 135 PR 

STATE TREASURER 

Local Government Commission, 18 PR 



TRANSPORTATION 

Division of Motor Vehicles, 172 FR 



NOR TH CA ROLINA REGIS TER 184 



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45.00 


8 - 15 


Labor 


45.00 


1 - 11 


Crime Control and 






Public Safety 


45.00 


1 - 2 


NRCD (includes EMC) 


90.00 


3- 6 


NRCD 


45.00 


7 


Coastal Management 


45.00 


8- 9 


NRCD 


30.00 


10 


Wildlife 


45.00 


11-22 


NRCD 


60.00 


1 - 6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7 - 11 


Revenue 


60.00 


1 - 7 


Secretary of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


Licensing Boards 


75.00 


17 - 37 


Licensing Boards 


75.00 


38 - 70 


Licensing Boards 




1 - 2 


Administrative Procedures 


75.00 


1 - 2 


Community Colleges 


10.00 


1 


Housing Einance 


10.00 


1 


State Personnel 


60.00 


1 -4 


Administrative Hearings 


10.00 



Total 

(Make checks payable to Office of Administrative Hearings.) 
* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years are October I through September 30. 



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